BonelliErede and Deutsche Bank win in the Supreme Court
With order no. 19456 of 15 July 2024, the United Sections of the Court of Cassation, in full acceptance of the appeal presented by Deutsche Bank, declared the lack of jurisdiction of the Italian judge over all the claims that the Province of Brescia had presented before the Court of Rome against the Bank.
The story concerns some derivative contracts signed between the parties in 2006 and subject to a settlement agreement in 2017the validity of which the Province had declared it wanted to contest, thus inducing the Bank to initiate proceedings at the High Court of Justice in London, to ascertain its full validity and effectiveness. Although the English judge had recognized, with a ruling, the existence of its jurisdiction over the Bank’s claims, the Province, however, attempted to initiate a separate proceeding, focused on the same issues, at the Court of Rome. With the order in question, The United Sections of the Court of Cassation have recognized, however, the incompetence of the Italian judge and, in particular, the fact that it must be considered bound by the sentence in matters of jurisdiction issued by the English judge, not being able to rule on questions on which the latter has already declared itself competent.
Deutsche Bank was assisted by BonelliErede, with a team composed of partner Massimiliano Danusso and senior counsel Ettore Frustaci.
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