Supreme Court, SS.UU., 12 July 2019, n. 18831

The jurisdiction of the judge Italian and the of the judge foreigner or of the referee abroad must be determined not already in base to criterion of the prospecting of the question (i.e. in base to the qualification subjective that the instant gives to the interest of of which asks question the protection), ma in base at different criterion according to which, Ai Fini of the relative allocation, not is sufficient and decisive having about to deductions and to requests formally advanced from parts, but you need to keep account of the true nature of the controversy, from establish with reference to concrete subjective positions of the parts part to .