Gubisch Maschinenfabrik KG v. Giulio Palumbo
European Union Court of Justice
[1987] E.C.R. 04851, Case 144/86 (1987)
- Written by David Bloom, JD
Facts
Gubisch Maschinenfabrik KG (Gubisch) (defendant), a German company, entered into a purported contract for the sale and delivery of machinery to Giulio Palumbo (plaintiff), an Italian resident. After a dispute arose, Gubisch filed suit against Palumbo in a German court, seeking to enforce the contract and to compel Palumbo’s payment for the machine. Palumbo subsequently filed suit against Gubisch in an Italian court, seeking a declaratory judgment that no enforceable contract had been made, or, in the alternative, that the contract should be cancelled because Palumbo had not consented to the contract or because Palumbo had been excused from payment after Gubisch missed the deadline for delivery. Germany and Italy were both members of the European Union. Gubisch objected to the declaratory-judgment action on the ground that it was an impermissible parallel proceeding. The Italian court rejected Gubisch’s objection. Gubisch appealed.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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