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
18 May 2024
The Italian Supreme Court, by order No 12854/24, published on 10 May 2024, 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), and with the order of the Italian Supreme Court, sitting en banc, No 11346/23 of 2 May 2023 – 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 the contract contains several additional elements which suggest that the parties wanted a different place for delivery.
The text is available here