PIL instrument(s)
Brussels I
Case number and/or case name
ITF20130513 Tribunal of Torino
Details of the court
Italy, First Instance
Articles referred to by the court
Brussels I
Article 31
Date of the judgement
12 May 2013
Appeal history
None
CJEU's case law cited by the court
None
Summary
Under Art. 31 of Regulation (EC) No 44/2001, Italian courts do not have jurisdiction to issue a provisional seizing order against a Czech defendant in relation to an international contract for the construction of automobiles, as neither such provisional measure is to be enforced in Italy, the goods subject to seizure being in the Czech Republic, nor Italian courts have jurisdiction over future proceedings for the merits, a choice-of-court clause, validly concluded under Art. 23(a) and (c) of the same regulation, conferring exclusive jurisdiction upon the Czech court territorially competent over the defendant’s domicile for any disputes arising from the contract is contained in the general terms and conditions which the final contract between the parties refers to (so-called relatio perfecta).

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