Compravendita internazionale, clausole Incoterms e competenza giurisdizionale: le Sezioni Unite (finalmente) nel solco della giurisprudenza della Corte di Giustizia Europea

With the decision of May 2, 2023, no. 11346, the Italian Supreme Court have established the legal principle that, in the context of international sale of goods, disputes concerning the payment for the goods should be devolved, pursuant to Regulation (EU) No. 1215/2012, to the jurisdiction of the judicial authority of the place of goods’ physical delivery. For this purpose, the Ex-Works clause, if invoked in the contract, should be considered suitable for regulating not only the transfer of risks, but also the place of delivery of the goods and, consequently, jurisdiction unless the contract reveals different and additional elements, indicating that the parties intended a different place of delivery. The purpose of this contribution is to provide some cause for reflections on the still open issues regarding ICC Incoterms clauses. The research focus is particuarly on the question concerning ICC Incoterms ability to identify the place of delivery and, consequently, the competent jurisdiction, in light of the decisions of Italian and European Court. This decision is significant not only from a strictly legal perspective, but also allows for some considerations on the near future of Italian logistics.