Summary
Pursuant to Articles 1 and 2 of Regulation (EC) No 44/2001, said Regulation applies to an action brought by the trustee in bankruptcy of an Italian company against a Spanish company for the payment of the price due by the latter. Pursuant to Article 23(1) of Regulation (EC) No 44/2001, Italian courts lack jurisdiction over a dispute brought by the trustee in bankruptcy of an Italian company against a Spanish company for the payment of the price due by the latter in case a valid clause conferring jurisdiction to Spanish courts is contained in the general terms and conditions of purchase printed on the back of the orders issued by said Spanish company, which have been accepted by the bankrupt Italian company through the issuance of invoices relating to the receivable in question. In fact, the requirement that the clause conferring jurisdiction be in writing is complied with even when the contract has been entered into by tacit acceptance, through performance of the same pursuant to Article 1327 of the Civil Code, particularly if said contractual relationship has been preceded by commercial transactions in which said clause has been applied, and there are no elements that may lead to presume that the will of any party is contrary to said uninterrupted practice. Pursuant to Article 123 of the Code of Civil Procedure, the court has the authority, but is not required, to appoint a translator in the event that documents drafted in a foreign language have been submitted by the parties.