Cross-border Debt Recovery Blog
by Marco Sposini
Laywer, Milan Bar Association
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The Italian Supreme Court on the law applicable to contracts for the provision of services under Article 4(1)(b) of Regulation Rome I
18 April 2026
The Italian Supreme Court, by order No 9546/26, published on 14 April 2026, ruled that, in the case of a loan agreement between companies located in Italy and Brazil, the applicable law must be determined in accordance with Article 57 of Italian Law No 218 of 31 May 1995, which refers to the Rome Convention of 19 June 1980.
It follows that, pursuant to Article 4(1)(b) of Regulation (EC) No 593/2008 (Rome I), which replaced the Convention, the relationship is governed by the law of the country in which the party providing the financing, in return for a fee, is situated, even if the lender is not a professional operator in the credit sector.
Since the company providing the loan service has its registered office in Italy, the contract is governed by Italian law.
The text is available here