La necessaria riforma della L. 218/95 alla luce dell’altalenante giurisprudenza della Cassazione in materia di giurisdizione del giudice italiano

The Article 3 co. 2 of Law 218/1995 had brought about a perfect harmonization between the internal criteria of jurisdiction and those to which Italy was obliged under the 1968 Brussels Convention. The treaty was replaced, between the EU States, by the Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The Court of Cassation and the doctrine have not clarified whether the reference to foreign law must be understood as referring to the criteria of jurisdiction dictated by the Convention or by the Regulation. Considering that the intent of the 1995 legislator was to create a system of division of jurisdiction similar to the conventional one, it seems that the preferable solution is to make a simple legislative modification aimed at replacing the reference to Convention 68 with one made to the Regulation Brussels I bis.