CELEX: 62017CN0001
Language: en
Date: 2017-01-02 00:00:00
Title: Case C-1/17: Request for a preliminary ruling from the Corte di Appello di Torino (Italy) lodged on 2 January 2017 — Petronas Lubricants Italy SpA v Mr Livio Guida

10.4.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 112/15
            
         Request for a preliminary ruling from the Corte di Appello di Torino (Italy) lodged on 2 January 2017 — Petronas Lubricants Italy SpA v Mr Livio Guida
   (Case C-1/17)
   (2017/C 112/24)
   Language of the case: Italian
   
      Referring court
   
   Corte di Appello di Torino
   
      Parties to the main proceedings
   
   
      Appellant: Petronas Lubricants Italy SpA
   
      Respondent: Mr Livio Guida
   
      Questions referred
   
   
               1.
            
            
               Under Article 20(2) of Regulation No 44/2001, may an employer domiciled in the territory of an EU Member State, against which an action is brought by its former employee before the courts of a Member State in which that employer is domiciled (within the meaning of Article 19 of the regulation), bring a counter-claim against the employee before the same court hearing the original action?
            
         
               2.
            
            
               If the answer to question 1 is in the affirmative, does Article 20(2) of Regulation No 44/2001 include the jurisdiction of the court hearing the original action even when the employer’s counter-claim is not based on a claim originating with the employer but on a claim originating with another party (which is, at the same time, an employer of the same employee under a parallel employment contract), and the counter-claim is based on an assignment-of-claim agreement, concluded by the employer and the party from which the claim originally derives, after the date on which the original action was brought by the employee?