Summary
Pursuant to Article 5(1)(b), first part of Regulation (EC) No 44/2001, the main place of delivery in an international sale of goods is that where the obligation that qualifies as characteristic based on economic criteria shall be performed. Said place of delivery shall be the place where the goods are finally delivered, i.e. where the goods are physically (as opposed to legally) delivered to the buyer. Italian courts do not have jurisdiction over a dispute between an Italian company and a German company if the goods being sold should have been delivered in Germany.