Corte di Cassazione, sentenza del 05/07/1993 562
Decision by national courts in the field of European Union law — ECLI:IT:CASS:1993:562CIV
Date: 1993-07-05
Subject matter: Brussels Convention of 27 September 1968
Origin: Italy

81993IT0705(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
A person domiciled in Italy deposited a packet of promissory notes for a large amount, with an English bank, issued in the Phillipines for the benefit of a company in Beirut (LB). The bank employees informed the police as the origin of the notes was dubious. The bailor was arrested and the promissory notes were confiscated. After his acquittal, the bailor sued the English bank in Italy for payment of damages due to the financial loss which he had suffered as a result of the behaviour of the bank's employees. The bank contested the international jurisdiction of the Italian courts as the requirements according to the Brussels Convention for this purpose had not been fulfilled.
The Corte di Cassazione (IT) examines the applicability of Article 5(3) Brussels Convention as the case involves non-contractual liability. Hereafter, the defendant is to be sued at the place where the harmful event occurred. This includes both the place of the event giving rise to the harm, that led to the damage, as well as the place where the damage was sustained (ECJ 30 November 1976 - Bier/Mines de Potasse d'Alsace). In contrast, the place where an indirect financial loss occurred is not included (ECJ 11 January 1990 - C 220/88 Dumez France/Hessische Landesbank). In the present case, the plaintiff asserted a direct financial loss. Thus the Corte di Cassazione stays the proceedings and refers the question to the ECJ for a preliminary ruling whether the "place where the harmful event occurred" only comprises the place where a physical damage occurs to a person or a thing or also the place where the plaintiff's financial loss occurred. What did ECJ rule ?