Summary
Pursuant to Article 23(1)(b) of Regulation (EC) No 44/2001, Italian courts do not have jurisdiction over a claim brought against an English company for the payment of the goods owed by this company on the basis of a distribution contract if the prorogation clause in favor of Italian courts, printed on the back of the invoices issued by the seller company and referred to on the front of said invoices, may not be considered agreed upon in a manner that complies with the common practices established by the parties. Such invoices were, in fact, issued after the conclusion and performance of the single procurements, and the lack of objections thereto shall not be deemed relevant. Italian courts do not have jurisdiction pursuant to Article 5(1)(b) of said Regulation where the place of delivery indicated on the invoices is in the United Kingdom and the Incoterms 2000 “carriage paid to customer warehouse” clause included in the contract is devoid of relevance, such clause affecting only the allocation of the shipping costs between the parties and not affecting the final place of delivery of the goods agreed upon by the parties.