On-line contracts and agreements for the choice of jurisdiction

By judgement no. 21622 issued on 19th September 2017, the Italian Court of Cassation held the validity of an agreement for the choice of jurisdiction referred to in a link contained in an e-mail purchase order. Said judgement is in line with the recent EU Court of Justice case law, according to which this way of concluding agreements for the choice of jurisdiction complies with Art. no. 23 of (EU) Reg. Brussels I, pursuant to which “any communication by electronic means which provides a durable record of the agreement shall be equivalent to writing”. The Court of Justice therefore clarified that the insertion of said agreements in general terms and conditions that can be downloaded through the access to a web site does not prevent the parties to print and save the text of their agreement before the conclusion of the contract, thus allowing its durable record. The judgement of the Italian Supreme Court is going to have significant effects also on tourism and transport of passengers, where the on-line conclusion of contracts is getting very frequent.