An Italian and an English company entered into a framework contract whereby the latter undertook to purchase and distribute the goods manufactured by the former. A dispute arose between the parties and the Italian company brought an action, before an Italian Court, claiming the avoidance of the contract, the payment of the price and damages. The English company objected that the Italian Court had no jurisdiction to hear the case.
In its decision on the matter of jurisdiction, the Supreme Court, without further explanation, qualified the framework contract as one for the sale and distribution of goods and therefore subject to CISG.
The Court applied Art. 5(1) of the EC Convention on Jurisdiction and Enforcement of Foreign Judgments in Civil and Commercial Matters (Brussels 1968), pursuant to which a person domiciled in a contracting State may be sued in the Court for the place of performance of the obligations in question. The Court held that the Italian Court had jurisdiction. In reaching this conclusion it referred to Art. 57 CISG, in order to confirm that under CISG the English company had to perform at the Italian company's place of business. |