Cross-border Debt Recovery Blog
by Marco Sposini
Laywer, Milan Bar Association
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The Italian Supreme Court on Articles 6(1) and 25 of Regulation (EU) No 1215/2012 (Brussels I bis)
14 July 2023
The Italian Supreme Court, sitting en banc, by order No 19571/23, published on 10 July 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;
– pursuant to Article 25 of Regulation (EU) No 1215/2012, the clause conferring jurisdiction to a particular court belonging to a particular State is normally intended to confer exclusive jurisdiction to the courts belonging to that State’s judicial system.
Therefore, a judgment of a third State which has not complied with the contractual clause of prorogation of jurisdiction to the benefit of the Italian courts cannot be recognised in Italy.
The text is available here