PIL instrument(s)
Brussels I
Case number and/or case name
ITF20140502b Tribunal of Padova (BI)
Details of the court
Italy, First Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b Indent 1
Paragraph 1 SubParagraph b Indent 2
Paragraph 1 SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7 SubParagraph a
Paragraph 7 SubParagraph b
Date of the judgement
01 May 2014
Appeal history
None
CJEU's case law cited by the court
None
Summary
Pursuant to Article 5(1), both (a) and (c), of Regulation (EC) No 44/2001, Italian courts have jurisdiction over the proceedings for opposition against a summary judgment (decreto ingiuntivo) issued in Italy upon request of an Italian company for the payment of the price of the goods purchased by a company domiciled in Cyprus, as the company that submitted the opposition is domiciled in a member State (i.e. Cyprus). Article 5(1)(b) of Regulation (EC) No 44/2001 does not apply to the case at issue instead, since the goods were to be delivered in a then non-EU member State (i.e. Romania).

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