Official Journal of the European Union

C 240/10

(Case C-641/18) (<span class="oj-super oj-note-tag">1</span>)

(Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EC) No 44/2001 - Article 1(1) - Concepts of ‘civil and commercial matters’ and ‘administrative matters’ - Scope - Activities of ship classification and certification societies - Acta iure imperii and acta iure gestionis - Public powers - Immunity from jurisdiction)

(2020/C 240/12)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicants: LG and Others

Defendants: Rina SpA, Ente Registro Italiano Navale

Operative part of the judgment

Article 1(1) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that an action for damages, brought against private-law corporations engaged in the classification and certification of ships on behalf of and upon delegation from a third State, falls within the concept of ‘civil and commercial matters’, within the meaning of that provision, and, therefore, within the scope of that regulation, provided that that classification and certification activity is not exercised under public powers, within the meaning of EU law, which it is for the referring court to determine. The principle of customary international law concerning immunity from jurisdiction does not preclude the national court seised from exercising the jurisdiction provided for by that regulation in a dispute relating to such an action, where that court finds that such corporations have not had recourse to public powers within the meaning of international law.

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Language of the case: Italian

ECLI:EU:C:2020:140