Summary
Pursuant to Article 5(1)(b) of Regulation (EC) No 44/2001, Italian courts do not have jurisdiction over a claim for payment of the price brought by an Italian seller against a German purchaser, as the sale invoices containing the ex works clause invoked by the seller as a ground of jurisdiction cannot be regarded as a contract within the meaning of article 5(1) at least because they were not signed by the purchaser. Accordingly, the related ex works clause is irrelevant for the purposes of jurisdiction.
Under Article 5(3) of Regulation (EC) No 44/2001, Italian courts do not have jurisdiction over a claim for damages suffered by an Italian claimant as a result of the unlawful use of its trademark by a German company, for the harmful event occurred in Germany.
At last, pursuant to Art. 5(5) of Regulation (EC) No 44/2001, Italian courts do not have jurisdiction over a negative declaratory action aiming at the declaration of the absence of any other contractual relationships or obligations between the parties, if the secondary seat of the defendant is not located in Italy.