Cross-border Debt Recovery Blog
by Marco Sposini
Laywer, Milan Bar Association
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The Italian Supreme Court on jurisdiction in the case of a procurement contract or subcontracting under Article 7 (1) (b) of Regulation Brussels I bis
10 December 2023
The Italian Supreme Court, sitting en banc, by order No 34032/23, published on 5 December 2023, confirmed that:
– pursuant to Article 6(1) of Regulation (EU) No 1215/2012, if the defendant is not domiciled in a Member State, the jurisdiction of the courts of each Member State shall, subject to Article 18(1), Article 21(2) and Articles 24 and 25, be determined by the law of that Member State;
– according to Italian law, Article 6(1) of Regulation (EU) No 1215/2012 refers to Article 3(2) of Italian Law No 218 of 31 May 1995. It follows that, if the defendant is not domiciled in a Member State, in the case of one of the matters already covered by the Brussels Convention of 27 September 1968, the Italian courts have jurisdiction on the basis of the criteria laid down in the Regulation (EU) No 1215/2012, which replaced Regulation (EC) No 44/2001 and which, in turn, replaced the Convention.
Therefore, pursuant to Article 7 (1) (b) of Regulation (EU) No 1215/2012, in the case of a procurement contract or subcontracting, jurisdiction lies with the courts of the State in which, under the contract, the services were provided or should have been provided.
The text is available here