Corte di Cassazione, sentenza del 22/07/1982 671
Decision by national courts in the field of European Union law — ECLI:IT:CASS:1982:671CIV
Date: 1982-07-22
Subject matter: Brussels Convention of 27 September 1968
Origin: Italy

81982IT0722(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Italian Ministry of the Treasury sued the defendants, German insurers, in Italy for liability in connection with the TIR system. Under this system, national associations declare themselves liable for the payment of duties, taxes and penalties by the holders of the TIR carnets in the respective countries. The contract of insurance was concluded between the International Road Transport Union and an international group of insurers represented by a German insurer and in the interests of all respective national associations. This contract contained among other a clause conferring jurisdiction, for disputes arising between the pool of insurers and one of the national associations, on the courts of the States of the respective national association. The insurers argued that the clause conferring jurisdiction was not validly concluded according to Article 17 Brussels Convention, since it was neither signed by the national associations nor by the Italian Ministry of the Treasury.
The Corte di Cassazione (IT) considers that it is necessary to stay the proceedings and refers to the ECJ two questions: First, whether in the case of a contract concluded between the contractual parties also for the benefit of third parties, the written formal requirements laid down in Article 17 Brussels Convention are met and apply also in regard of the latter. Second, whether jurisdiction is based on Article 18 Brussels Convention also in the case where the defendant challenges not only the jurisdiction but submits in the alternative a defence on the substance of the case.