The United Sections of the Italian Court of Cassation, with 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, commenced after the end of the transitional period on 31 December 2020 – Italian jurisdiction will subsist in the following cases

• if the defendant is domiciled or resident in Italy or has a representative who is authorised to sue in Italy pursuant to Article 77 of the Code of Civil Procedure, pursuant to Article 3(1) of Law 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, referred to in Article 3(2) of Law 218 of 31 May

Jurisdiction therefore lies with the Italian courts if the obligation in question (in the present case, the performance of a professional activity) was performed in Italy.

To consult the full judgment, click here

by Marco Sposini – Lawyer (Studio Legale Sardo – Milan)