Fonderie Officine Meccaniche Tacconi v. Heinrich Wagner Sinto Maschinenfabrik
European Court of Justice
Case C-334/00, 2002 ECR I-7383 (2002)
- Written by Steven Pacht, JD
Facts
Fonderie Officine Meccaniche Tacconi (Tacconi) (plaintiff) was an Italian company. Heinrich Wagner Sinto Maschinenfabrik (HWS) (defendant) was a German company. Tacconi and HWS negotiated for Tacconi to purchase a German plant from HWS. With HWS’s knowledge, Tacconi entered into a third-party agreement regarding the plant before finalizing an HWS contract. HWS terminated negotiations with Tacconi, leading Tacconi to sue HWS in Italy for damages. Per Tacconi, Italy was the proper forum under Article 7(2) of European Union (EU) Regulation 1215/2012 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Regulation 1215) because HWS’s conduct was in the nature of a tort, delict, or quasi-delict. HWS responded that Regulation 1215 dictated Germany as the proper forum for the suit because Tacconi’s claim related to a contract. The Italian court referred the matter to the EU Court of Justice.
Rule of Law
Issue
Holding and Reasoning ()
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