Cross-border Debt Recovery Blog
by Marco Sposini
Laywer, Milan Bar Association
Worldwide debt recovery news
The Italian Supreme Court on jurisdiction between Italy and Canada in the case of the sale of goods
12 July 2025
The Italian Supreme Court, by order No 18406/25, published on 7 July 2025, ruled that, in the case of the sale of goods between companies located in Italy and Canada, if the defendant is not domiciled in Italy, the jurisdiction must be determined under Article 3(2) of Italian Law No 218 of 31 May 1995, which refers to the Brussels Convention of 27 September 1968.
It follows that, even if the defendant is not domiciled in a Member State of the European Union, the Italian courts have jurisdiction on the basis of the criteria laid down in Regulation (EU) No 1215/2012, which replaced Regulation (EC) No 44/2001 and which, in turn, replaced the Convention.
Therefore, under Article 7(1)(b), first indent, of Regulation (EU) No 1215/2012, for all disputes arising from the contract, the Italian courts have no jurisdiction, if the goods were delivered in Canada.
The text is available here