Pursuant to Article 5(3) of Regulation (EC) No 44/2001, Italian courts have jurisdiction over an action for pre-contractual liability that is based on the unjustified breaking-off of the negotiations to create an associazione temporanea di imprese, the existence of which is necessary in order for the parties to enter into a construction contract with a third party. In fact, damages shall be deemed-to have occurred in. Italy, where the construction contract was supposed to be performed.