Summary
Under Article 5(1)(b), first indent of Regulation (EC) No 44/2001, Italian courts have jurisdiction over a claim for damages in relation to an international contract for the sale of goods, as the place of delivery of the goods, to be identified – unless the parties have agreed otherwise – with the place where the physical transfer of the goods took place, as a result of which the purchaser obtained, or should have obtained, actual power of disposal over those goods at the final destination of the sales transaction – and not, rather, with the place where the goods were delivered under the substantive provision of the applicable law – is situated in Italy.