Summary
Pursuant to Article 5(1)(b), first indent, of Regulation (EC) No 44/2001, Italian courts do not have jurisdiction over a dispute on the sale of goods between an Italian seller and a buyer domiciled in Spain if the place of delivery is located in Spain. Any reference made in the contract to Incoterms by one of the parties in their order confirmation is irrelevant as the unequivocal will of both parties must be verified also as regards the establishment of jurisdiction.