Summary
A contract for the supply of a plurality of goods to be manufactured (printing catalogues) does not fall in the category of ‘provision of services’ under Article 5(1)(b), second indent of Regulation (EC) No 44/2001. To the contrary, it falls within the category of ‘sale of goods’ under Article 5(1)(b), first indent of said Regulation. Hence, pursuant to this latter provision, Italian courts do not retain jurisdiction where the material delivery of the goods, by means of which the purchaser gains actual power over the goods (as set out in the bill of lading), takes place abroad.