Case number and/or case name
ITF20141001 Tribunal of Firenze (BI)
Details of the court
Italy, First 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
30 September 2014
CJEU's case law cited by the court
Summary
Pursuant to Art. 23 of Regulation (EC) No 44/2001 of 22 December 2000, Italian courts have jurisdiction over the claim for breach of contract due to the failure to pay the main debt brought by an Italian bank against a German guarantor, as a valid choice-of-court clause – agreed upon by the parties to the surety agreement connected to a finance lease agreement concerning coffe shop equipments – confers exclusive jurisdiction upon Italian courts in relation to any dispute arising from the agreement. The fact that the surety agreement has been concluded in view of the performance of a professional activity suffices to exclude the application of the special provisions on jurisdiction over consumer contracts under Section 4 of Regulation (EC) No 44/2001, given that a consumer is a person acting for a purpose which can be regarded as being outside his trade or profession.