In a recent decision of the Tribunal of Milan, Fabrizio Brock successfully argued on behalf of the defendant that Regulation Rome I does not apply to a matrimonial real estate asset division.
By judgement No. 11078/2017, the Tribunal of Milan held that the real estate division agreement between two russian spouses, one resident in Italy, is not subject to Rome I and, in particular, to art.2, subsection 1, b) and c) of the Regulation, because the agreement concerns obligations arising out of a family relationship.