Earlier this year (21 July 2022), the Grand Chamber of the Italian Supreme Court (Corte di Cassazione, Sezioni Unite) delivered the order No 22835/2022, declaring Italian jurisdiction over an action for the recovery of sums paid as withholding taxes by an Italian asset management company as withholding agent, brought by the same company against a unitholder company and its mother company established in different Member States.
Pursuant to Art 25 of Regulation (EU) No 1215/2012, Italian courts have jurisdiction over the action since the clause included in the fund rules covers the claim and the unitholder company has fully agreed the fund rules. Moreover, the obligation fulfilled by the asset management company, although arising from tax law, has its source in the participation in the fund, as governed by the fund rules.
The text of the order is available here.
On choice of courts agreements, the readers of RDIPP may refer to:
Queirolo, 1997, No 3, p. 601 ff.; Contaldi, 1998, No 1, 79 ff.; Marino, 2010, No 4, 915 ff.; Lopez de Gozalo, La Mattina, 2012, No 1, 87 ff.; Villata, 2015, No 4, 973 ff.; Vitellino, 2019, No 4, 999 ff.
Moreover, see, in our Book Series:
Queirolo, Book No 51; Villata, Book No 77.