Summary
Under Article 31 of Regulation (EC) No 44/2001, application for provisional measures may be filed with the courts of a Member State where such measures shall be enforced, even if, under the Regulation, the courts of another Member State have jurisdiction as to the substance of the matter. Italian courts do not have jurisdiction over an application for attachment of property made against a company having its seat in the Czech Republic that is to be enforced in that same country if, as in the case at hand, the sale contract makes reference to the standard contractual clauses posted on the buyer’s Internet website, where a clause confers jurisdiction to the Czech courts and thus satisfiying the condition laid at Article 23 of Regulation No 44/2001 that such agreement be in writing.