Summary
The carve-out of bankruptcy, compositions and analogous proceedings made by Article 1(2)(b) of Regulation (EC) No 44/2001 does not apply to a legal action that a person subject to insolvency proceedings may have brought regardless of the opening of said proceedings (such as those relating to the existence of a receivable of the bankrupt). Accordingly, said legal actions are not excluded from the scope of application of the aforesaid Regulation. Pursuant to Article 5(1)(b) of Regulation (EC) No 44/2001, the place of delivery of the goods being sold is always the sole criterion that is relevant in order to determine the jurisdiction with respect to contracts for the sale of goods, regardless of the obligation that the plaintiff is actually seeking to enforce. Said place, if not identified in the contract, shall be determined in accordance with the conflict-of-law rules of the court seised. Italian courts do not have jurisdiction over an action brought by the seller for the payment of the purchase price if the parties have agreed orally that the goods being sold should have been delivered in Spain, and written evidence of said agreement is provided.