Court of Justice (First Chamber) 25 October 2012, C-133/11 (Folien Fischer AG and Fofitec AG v Ritrama SpA.)

Also known as

The Court (First Chamber) ruled on the interpretation of point (3) of Article 5 of Council Regulation No 44/2001, addressing whether an action for a negative declaration, which seeks to establish the absence of liability in tort, delict, or quasi-delict, falls within its scope. The Court concluded that such an action is indeed included, emphasizing that the roles of claimant and defendant do not affect jurisdiction, as the examination relates to the same matters of law and fact regardless of the parties' positions. This decision clarifies the jurisdictional framework for actions involving negative declarations in civil and commercial matters.AI