Language of document :

Request for a preliminary ruling from the Corte di Appello di Torino (Italy) lodged on 2 January 2017 — Petronas Lubricants Italy SpA v Mr Livio Guida

(Case C-1/17)

Language of the case: Italian

Referring court

Corte di Appello di Torino

Parties to the main proceedings

Appellant: Petronas Lubricants Italy SpA

Respondent: Mr Livio Guida

Questions referred

Under Article 20(2) of Regulation No 44/2001, may an employer domiciled in the territory of an EU Member State, against which an action is brought by its former employee before the courts of a Member State in which that employer is domiciled (within the meaning of Article 19 of the regulation), bring a counter-claim against the employee before the same court hearing the original action?

If the answer to question 1 is in the affirmative, does Article 20(2) of Regulation No 44/2001 include the jurisdiction of the court hearing the original action even when the employer’s counter-claim is not based on a claim originating with the employer but on a claim originating with another party (which is, at the same time, an employer of the same employee under a parallel employment contract), and the counter-claim is based on an assignment-of-claim agreement, concluded by the employer and the party from which the claim originally derives, after the date on which the original action was brought by the employee?

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