PIL instrument(s)
Brussels I
Case number and/or case name
ITF20130122 Tribunal of Forlì (BI)
Details of the court
Italy, First Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1 SubParagraph b Indent 1
Paragraph 1 SubParagraph b Indent 2
Date of the judgement
21 January 2013
Appeal history
None
CJEU's case law cited by the court
None
Summary
Pursuant to Article 5(1)(b) of Regulation (EC) No 44/2001, Italian courts do not have jurisdiction over a claim for the payment of goods brought by an Italian company (seller) against a German company (buyer) where the place of delivery of the goods – not agreed upon by the parties – is not in Italy but in Germany. The place of delivery of the goods is, in fact, to be construed as the place where the physical transfer of the goods took place, as a result of which the purchaser has actual power of disposal over those goods.

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