In a debt recovery proceedings between the Polish claimant and the Italian defendant, Italian Courts have jurisdiction under Article 2 of regulation (EC) n. 44/2001; the fact that the claimant had the possibility to commence a proceedings under Article 5(1) of said regulation does not come into any relevance.
Lacking a choice-of-law agreement, the law of the State in which the seller has his/her habitual residence shall apply to a contract for the international sales of good under Article 4(1)(a) of regulation (EC) No 593/2008.