Cross-border Debt Recovery Blog
by Marco Sposini
Laywer, Milan Bar Association
Worldwide debt recovery news
The Italian Supreme Court on the jurisdiction in proceedings involving the United Kingdom after the Brexit
15 July 2023
The Italian Supreme Court, sitting en banc, by order No 18847/23, published on 4 July 2023, ruled that, following the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union – in proceedings, in civil and commercial matters, involving the United Kingdom, instituted after the end of the transition period of 31 December 2020 – the Italian courts have jurisdiction in the following cases:
– if the defendant is domiciled or resident in Italy or has a representative there who is authorized to stand trial under Article 77 of the Italian Code of Civil Procedure, pursuant to Article 3(1) of Italian law No 218 of 31 May 1995;
– on the basis of the criteria laid down in Sections 2, 3 and 4 of Title II of the Brussels Convention of 27 September 1968, as referred to in Article 3(2) of Italian law No 218 of 31 May 1995.
Therefore, the Italian courts have jurisdiction if the obligation in question (in the present case, the conduct of a professional activity) has been performed in Italy.
The text is available here