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Case Details

Case Details
National ID No. 369
Member State Italy
Common Name F.M. v. Faro Assicurazioni S.p.A
Decision type Other
Decision date 11/01/2007
Court Corte di cassazione (Supreme court)
Subject
Plaintiff
Defendant
Keywords

Unfair Contract Terms Directive, Article 1, 1.

The exclusive jurisdiction of the judge where the consumer is resident or domiciled also applies when the claimant is a third party who is beneficiary of an insurance contract. As to the judges of the Italian Supreme Court, the beneficiary of an insurance contract may be considered as a “consumer” for the purposes of the Italian Consumer Code.
The proceedings at issue concerns the “regolamento di competenza” in a claim involving a consumer and an insurance company. In particular, the claimant, a third party who is beneficiary of an insurance contract, affirmed that the consumer forum provided for by the Italian Consumer Code should apply to the case. The defendant asked for the forum of the judge where the company has its registered office.
In interpreting the art. 33, paragraph 2, letter u, of the Consumer Code, the judges of the Italian Supreme Court held that the beneficiary of an insurance contract should be considered as a “consumer” for the purposes of the Italian Consumer Code.
The art. 33, paragraph 2, letter u, of the Consumer Code, provided that terms are presumed unfair, unless proved otherwise, where they have the object or effect of establishing as forum in case of dispute, a jurisdiction other than the place where the consumer is resident or has his domicile of choice.
Consequently, the exclusive jurisdiction of the judge where the consumer is resident or domiciled also applies when the claimant is a third party who is beneficiary of an insurance contract.
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