The Italian Supreme Court on a jurisdiction clause within the EU in the general terms and conditions of contract
The Italian Supreme Court (plenary session), by order No. 361/23, published on 10 January 2023, ruled that the clause providing for the prorogation of jurisdiction, in favor of a court of a Member State of the European Union, included in the index of chapters of the general terms and conditions drawn up by one of the parties, not signed by the other contracting party, nor expressly mentioned in the signed contractual document, is not valid. Although the index is materially linked to the contract itself, the circumstance is not suitable to demonstrate that the clause providing for the prorogation has been object of specific negotiated agreement between the parties, manifested in a clear and precise manner, as prescribed by Article 17 of the Convention of Brussels of 27 September 1968, by Article 23 of Regulation EC No. 44/2001 ("Brussels I"), as well by Article 25 of the subsequent Regulation EU No. 1215/2012 (“Brussels I recast).
Marco Sposini
Avvocato - Studio Legale Sardo - Milano
