Corte di Cassazione, sentenza del 03/03/1999 1769 Po. S.p.a / P. S. J. S.A.
Decision by national courts in the field of European Union law — ECLI:IT:CASS:1999:1769CIV
Date: 1999-03-03
Subject matter: Brussels Convention of 27 September 1968
Origin: Italy

81999IT0303(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
An Italian company was sentenced by a French court to pay damages. The Italian company appealed against the judgment to the French Court of Cassation, but the proceedings were, on the application of the opposite side, struck from the court register by the President of the Court. The French Civil Code authorises such an action under certain conditions. The Corte d'appello of Venice (IT) then issued a declaration of enforceability of the judgment. The Italian company appealed under Article 36 Brussels Convention. It claimed that the judgment was in breach of Italian public policy and, consequently, could not be recognised according to Article 27(1) Brussels Convention because the decision could not be examined for errors of law by the French court.
The Corte di Cassazione (IT) rejects the appeal. The court holds the opinion that only procedural regulations which are closely connected to the right to a legal hearing may be examined for whether a breach of public policy exists in terms of Article 27(1) Brussels Convention. This right has been upheld through two courts of instance. It does not include the right to file for review of the court of appeal’s decision before a court of third instance. The right to have a decision reviewed before the cassation court, as guaranteed by the constitution (Article 111 Italian Constitution), represents a constitutional principle which concerns the internal establishment of the jurisdiction, not however the inviolable claim to a right to a legal hearing. Therefore, the French judgment, which was declared enforceable in Italy, does not breach Italian public policy merely because the President of the French Court of Cassation struck the appeal from the court register.