Summary
Pursuant to Article 23(1)(a) of Regulation (EC) No 44/2001, Italian courts have jurisdiction over an action for declaratory relief brought in order to ascertain that nothing is due by an Italian company to an Austrian company, even if the relevant contract has been entered into by tacit acceptance through performance of the same. In fact, Italian jurisdiction is based on a valid clause conferring jurisdiction to Italian courts included in supply orders previously sent by the Italian company during a significant period of time and accepted and signed by the Austrian company, also by electronic means, which are relevant pursuant to Article 23(2) of said Regulation, in the absence of any element that may justify a presumption of a contrary choice of any party.