Cassation court dismisses appeal, confirming Brescia court's jurisdiction over a construction contract dispute despite consumer forum arguments.
Sintesi Legislator
Generato dall'IAThe Court of Cassation rejected the appeal filed by Tecnosistemi s.r.l. against the Brescia Court of Appeal's decision confirming territorial jurisdiction. The appellant argued that the consumer, Silvano Castagna, should be heard in Verona based on consumer protection laws and the contract's origin. The court ruled that the specific facts of this construction contract dispute did not trigger the special jurisdictional rules for consumers, thereby upholding the original jurisdiction of the Brescia tribunal.
Regesto Legislator
Generato dall'IAArt. 22 c.p.c.; Art. 33, 63 D.Lgs. 206/2005: The court held that the special jurisdictional rules for consumers do not apply to construction contract disputes where the consumer is the contractor, confirming general forum contractus rules instead.