Cross-border Debt Recovery Blog
by Marco Sposini
Laywer, Milan Bar Association
Worldwide debt recovery news
The Italian Supreme Court on “Ex Works” clauses to determine the jurisdiction in the contracts for the international sale of goods
10 May 2023
The Italian Supreme Court, sitting en banc, by order No 11346/23, published on 2 May 2023, in the matter of contracts for the international sale of goods to be carried – in accordance with the judgment of the Court of Justice of the European Union of 9 June 2011, in Case C-87/10 (Electrosteel Europe SA) – ruled that, pursuant to Article 7(1)(b) of Regulation (EU) No 1215/2012, the inclusion in the contract of the “Ex Works” clause provided for by the Incoterms rules also identifies the place of delivery of the goods and, consequently, determines the jurisdiction, unless there is additional evidence suggesting that the parties wanted a different place for delivery.
The text is available here