L’art. 10 della legge n. 218 del 1995 nel contesto del sistema italiano di diritto internazionale privato e della cooperazione giudiziaria civile dell’Unione

This article addresses Art. 10 of the Italian act N. 218 of 1995 on private international law. It is submitted that the provision governing jurisdiction with regard to the situation in which Italian Judges lack of jurisdiction on the merits represents a crucial mechanism in the application of the relevant rules on provisional and protective measures provided for by the EU regulations on jurisdiction and enforcement of judgments. Nevertheless, the practice reveals some difficulties as to the interpretation of the specific connecting factor provided for by the Italian rule. The analysis of the jurisprudence makes it clear that this unsatisfactory situation is due to the drafting, which does not reflect the variety of the instruments in connection with the rule has to be applied and to the number of modifications of the domestic procedural rules that have been enacted after it’s entering into force. In light of that, this article is intended to contribute to the debate on the need of a reform of the Italian system of private international law by suggesting the introduction of some more detailed solutions with regard both to the jurisdictional criteria and to the characterization of provisional measures. These suggestions are primarily intended to ensure the consistency of the solutions in the European judicial area, in light of the jurisprudence of the Court of Justice, but also to preserve the coherence of the Italian system of private international law.