The Italian Supreme Court (plenary session), by order No 11346/23, published on 2 May 2023, in the matter of contracts for the international sale of goods to be carried - in accordance with the judgments of the Court of Justice of the European Union of 9 June 2011, in Case C‑87/10 (Electrosteel Europe SA), and of 14 July 2016, in Case C-196/15 (Granarolo), and changing its previous case law - ruled that, pursuant to Article 7(1)(b) of Regulation (EU) No 1215/2012, the inclusion in the contract of the "Ex Works" clause provided by the Incoterms rules also identifies the place of delivery of the goods and, consequently, determines the jurisdiction, unless there is additional evidence suggesting that the parties wanted a different place for delivery.
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Marco Sposini
Avvocato - Studio Legale Sardo - Milano
