Summary
Pursuant to Article 5(1) of the Brussels Convention of 27 September 1968 – which is still referred to by Article 3(2) of Law No 218/1995 as said reference does not extend to Regulation (EC) No 44/2001 – Italian courts have jurisdiction over an action for the performance of the obligation to pay the residual amount of the price of certain movable goods brought by the seller, an Italian company, against the buyer, a company with registered office in the United States. In fact, pursuant to Article 57(1) of the Vienna Convention of 11 April 1980 the place of performance of the payment obligation in question is located at the seller’s place of business in Italy. Pursuant to Article 5(1)(b) of Regulation (EC) No 44/2001, Italian courts do not have jurisdiction over a dispute between an Italian and a Spanish company if the goods sold shall be delivered in Spain, since the place of delivery shall be the place where the goods are finally delivered, i.e. where they are physically (as opposed to legally) delivered to the buyer, even in case the obligation in question is the obligation to pay for the goods.