Earlier this month (2 February 2023), the Italian Supreme Court (Corte di Cassazione) delivered its order No 3199/2023, rejecting an appeal against the Court of Appeal of Rome’s ruling that granted recognition in Italy to a Russian judgment.
The claimant before the Italian Supreme Court argued that the judgment of the Moscow Tribunal cannot be recognised, among other grounds, due to the lack of jurisdiction of the Russian Courts. In particular, Russian Courts did not have jurisdiction over a dispute related to a loan agreement, concluded in Italy, between two parties habitually resident in Italy, where the delivery of the money took place.
In dismissing the appeal, the Italian Supreme Court stated that the Moscow Tribunal had jurisdiction – on the ground of a tacit prorogation of jurisdiction – since the claimant before it entered an appearance before the Russian Court and never pleaded lack of jurisdiction of the Moscow Tribunal. The Convention between Italy and URSS on legal aid in civil matters (of 25 January 1979, applicable to Russia) does not contain any provisions interfering with, derogating from or incompatible with those of the Law 31 May 1995 No 218, insofar as it creates indirect jurisdiction rules, that can be integrated with the jurisdictional rules of the forum. Therefore, the Russian judgment can be recognised in Italy, pursuant to Art 64(a) Law No 2018/1995, since the Court that pronounced it heard the case according to the principles of jurisdiction proper of the Italian legal system.
On recognition of judgments under Law No 218/1995 and on the relationship with international conventions, the readers of RDIPP may refer to:
Francesco Salerno, 2015, No 4, 939 ff.; Andrea Carlevaris, 2001, No 1, 71 ff.; Fabrizio Marongiu Buonaiuti, 1998, No 2, 375 ff.; Olivia Lopes Pegna, 1997, No 4, 919 ff.; Sergio M. Carbone, 1995, No 4, 912 ff.; Stefania Bariatti, 1995, No 4, 1221 ff.
Moreover, see, in our Book Series:
Fausto Pocar, Tullio Treves, Sergio M. Carbone, Andrea Giardina, Riccardo Luzzatto, Franco Mosconi, Roberta Clerici, Book No 50.