Summary
In case of a sale of movables, the place of delivery within the meaning of Article 5(1)(b) of Regulation (EC) No 44/2001 shall be the place of final destination of the goods. Accordingly, any action, including an action for payment, shall be brought before the courts of said place and, if said place is located abroad, Italian courts do not have jurisdiction. Said criterion cannot be derogated by a statement contained in an invoice, since this is not a valid clause conferring jurisdiction pursuant to Article 23 of said EC Regulation. In fact, an invoice is not an agreement but merely a document issued for tax purposes.