l rinvio ai criteri della convenzione di Bruxelles del 1968 nel diritto internazionale privato italiano: orientamenti consolidati e questioni aperte

The article examines a few issues arising in connection with the reference made by Art 3(2) of Law 31 May 1995 No 218 to the criteria laid down in the 1968 Brussels Convention. It is first observed how, in recent times and especially in the light of two recent judgments of the Italian Supreme Court, the traditional orientation has completely changed, and that scholars and jurisprudence agree in considering the reference made by this provision as a reference to the most recent EU regulations and not to the 1968 Convention. Second, the need for a uniform interpretation of the criteria nationalised by Art 3(2) is emphasised, as it is considered the only solution that allows not to undermine the coherence of the system. Lastly, the possibility for Italian judges to submit a preliminary ruling to the Court of Justice concerning the interpretation of the European discipline made applicable through Art 3 of Law No 218/1995 is considered, a possibility that seems to be confirmed by European case law.