If the German doctor makes a wrong diagnosis and the patient subsequently dies in Italy, not only is the German court competent to hear the heirs' claim for damages; since the doctor provided the characteristic service in the medical contract, German law is also applicable to the heirs' claim. This is often not good news for the survivors, who suffer considerable disadvantages as a result, since German law is far more restrictive than Italian law in the area of immaterial damages (Court of Cassation of 26 November 2020,26986/20).