PIL instrument(s)
Brussels I
Case number and/or case name
ITS20141105 Court of Appeal of Firenze (BI)
Details of the court
Italy, Second Instance
Articles referred to by the court
Brussels I
Article 23
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Paragraph 1 SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Date of the judgement
04 November 2014
Appeal history
None
CJEU's case law cited by the court
None
Summary
Pursuant to Art. 23 of Regulation (EC) No 44/2001 of 22 December 2000, prevaling over national rules of jurisdiction (and therefore applicable to the case at issue in lieu of Art. 4 of Law No 218/1995), Italian courts do not have jurisdiction over an action for the termination of an agency contract, and particularly over the claim for indemnity, brought against a defendant domiciled in a EU member State, where such contract contains a choice-of-court clause providing England and Wales courts with exclusive competence to hear any dispute or claim arising thereof and such clause meets the formal requirements laid down by the abovementioned provision of Regulation (EC) No 44/2001, irrespective of any further condition set by national rules, notably the double signature required by Art. 1341 of the Civil Code.

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