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JURISDICTION: Games without frontiers

13 June 2014  

Carlo Piatti and Julian Berger examine a landmark ruling by the Italian Supreme Court

The Italian Supreme Court (Court of Cassation) has recently dismissed a case brought by an Italian company against a Russian bank, on the grounds of lack of jurisdiction under the Brussels Convention 1968 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The relevant sections of the Convention are exactly the same as EC Regulation 44/2001. Accordingly, the principles of the case will apply in all situations, irrespective of the respondent’s jurisdiction (whether an EU member state or a non-member state).