The Court of Cassation in united sections, with Order No. 11346/23, published on 2 May 2023, on the subject of contracts for the international sale of movable goods to be transported – in accordance with the judgments of the Court of Justice of 9 June 2011, in Case C-87/10 (Electrosteel Europe SA), and of 14 July 2016, in Case C-196/15 (Granarolo), and modifying its previous orientation – has established that, by virtue of Art. 7(1)(b) of Regulation (EU) No 1215/2012, the inclusion in the contract of the ‘Ex Works’ clause provided for by Incoterms also identifies the place of delivery of the goods and, consequently, determines jurisdiction, unless there is further evidence to suggest that the parties intended a different place for delivery.

For the text of the judgment click here

Marco Sposini

Lawyer – Studio Legale Sardo – Milan