CELEX: 62018CA0641
Language: en
Date: 2020-05-07 00:00:00
Title: Case C-641/18: Judgment of the Court (First Chamber) of 7 May 2020 (request for a preliminary ruling from the Tribunale di Genova — Italy) — LG and Others v Rina SpA, Ente Registro Italiano Navale (Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 1(1) — Concepts of ‘civil and commercial matters’ and ‘administrative matters’ — Scope — Activities of ship classification and certification societies — Acta iure imperii and acta iure gestionis — Public powers — Immunity from jurisdiction)

20.7.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 240/10
            
         
      Judgment of the Court (First Chamber) of 7 May 2020 (request for a preliminary ruling from the Tribunale di Genova — Italy) — LG and Others v Rina SpA, Ente Registro Italiano Navale
      (Case C-641/18) (1)
      
      (Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EC) No 44/2001 - Article 1(1) - Concepts of ‘civil and commercial matters’ and ‘administrative matters’ - Scope - Activities of ship classification and certification societies - Acta iure imperii and acta iure gestionis - Public powers - Immunity from jurisdiction)
      (2020/C 240/12)
      Language of the case: Italian
      
         Referring court
      
      Tribunale di Genova
      
         Parties to the main proceedings
      
      
         Applicants: LG and Others
      
         Defendants: Rina SpA, Ente Registro Italiano Navale
      
         Operative part of the judgment
      
      Article 1(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that an action for damages, brought against private-law corporations engaged in the classification and certification of ships on behalf of and upon delegation from a third State, falls within the concept of ‘civil and commercial matters’, within the meaning of that provision, and, therefore, within the scope of that regulation, provided that that classification and certification activity is not exercised under public powers, within the meaning of EU law, which it is for the referring court to determine. The principle of customary international law concerning immunity from jurisdiction does not preclude the national court seised from exercising the jurisdiction provided for by that regulation in a dispute relating to such an action, where that court finds that such corporations have not had recourse to public powers within the meaning of international law.
      
         (1)  OJ C 25, 21.1.2019.