PIL instrument(s)
Brussels I
Case number and/or case name
ITF20110606 Tribunal of Novara (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
05 June 2011
Appeal history
None
CJEU's case law cited by the court
None
Summary
As regards the sale of movables, the clause ‘ex works’ introduced in a delivery note is not capable of influencing the determination of the ‘place of delivery’ of the goods under Article 5(1)(b) of Regulation (EC) No 44/2001. In fact, the ‘place of delivery’ is a factual notion, which inevitably coincides with the place of destination of the goods.

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