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
CJEU's case law cited by the court
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.