Summary
Pursuant to Article 23 of Regulation (EC) No 44/2001, the requirement that a clause conferring jurisdiction be in writing is satisfied by the signature of the relevant contract as a whole. It is not necessary that said clause be approved specifically and independently in writing, even in case it is included among the general terms and conditions drafted by one of the parties and written on the back of the signed contract, provided that the contract contains an express reference to said general terms and conditions. Italian courts do not have jurisdiction over an action, brought by a dentist against the publisher of a European guidebook having its seat in Spain, and aimed at ascertaining that the contract for the publication therein of the advertisement concerning the professional activities of said dentist is null and void in case the contract contains a valid clause conferring jurisdiction to Spanish courts. In fact, said contract cannot be qualified as a contract concluded by a consumer within the meaning of Article 15 of Regulation (EC) No 44/2001 since it has not been entered into for a purpose which can be regarded as being outside the professional activities of said dentist, i.e. for his private needs as a consumer.