Sul significato di "materia contrattuale" e "materia di illeciti civili" nelle fonti europee relative alla competenza giurisdizionale

This writing is aimed to explain the expression "matters relating to contract" and "matters relating to tort delict or quasi-delict" as used in the Bruxelles and Lugano Convention on jurisdiction, especially focusing on the interpretation given by the ECJ. The Luxembourg Court has always intended the "relation to contract" literally, i.e. as implying in any case a contract as the source of obligation from which the litigation arises. On the contrary, it must be taken into account that "contractual" is a qualification that in civil law countries refers to obligation whatever is its source. At the same time, to limit "contractual" qualification to the obligations generated by a contract implies that liability deriving from violation of any other obligation leads only to an action in tort. This result is contradictory in that a liability deriving from a legal relationship ends up by taking its qualification as a tort, while this one is the category relating to damage caused outside any previous legal relationship.