Commentary on Order No. 15699 of 05/06/2024: The Jurisdiction of the Consumer's Forum

Recently, the Court of Cassation issued Order No. 15699 of June 5, 2024, which addresses a topic of great importance in the context of jurisdictional competence: the non-derogable nature of the consumer's forum. This ruling not only clarifies the implications for professionals but also offers an in-depth reading of the Consumer Code and procedural rules.

Context of the Ruling

The dispute between A. (ZAULI ARIELE) and C. (SALOGNI MICOL) brought to light fundamental issues concerning civil jurisdiction and the specific provisions relating to the consumer's forum, as referred to in art. 33, paragraph 2, letter u), of the Consumer Code. The Court emphasized that the jurisdiction of the consumer's forum is non-derogable by professionals, thus limiting the latter's choice of forum.

Implications of the Ruling

Consumer's forum - Jurisdiction - Non-derogable nature by the professional - Applicability of art. 38, paragraph 2, of the Code of Civil Procedure - Exclusion - Consequences - Adherence to the objection - Irrelevance - Award of costs - Necessity - Basis. The jurisdiction of the consumer's forum, as referred to in art. 33, paragraph 2, letter u), of the Consumer Code, is configured as non-derogable by the professional, and this precludes the application of art. 38, paragraph 2, of the Code of Civil Procedure, with the consequence that any adherence to the counterparty's objection is irrelevant and that the order upholding the objection of incompetence must rule on costs, always having a decisive nature.

This summary highlights several crucial aspects: first and foremost, the jurisdiction of the consumer's forum does not allow for derogations, meaning that even if the professional and the consumer agree on another forum, such an agreement is not valid. Furthermore, an order upholding an objection of incompetence must necessarily rule on legal costs, making this aspect a fundamental element in the decision-making process.

Final Considerations

• Consumer protection is at the heart of Italian and European jurisprudence.
• The jurisdiction of the consumer's forum offers essential protection for the weaker parties in the contractual relationship.
• The implications of this order extend to all professionals who interact with consumers, requiring greater attention to forum choices.

In conclusion, Order No. 15699 of 2024 represents an important step forward in protecting consumer rights, emphasizing the importance of jurisdictional competence and confirming the central role of the consumer's forum. Professionals must be aware of these provisions to avoid disputes and ensure the correctness of their commercial practices.