The decision concerns the application of the article 12 of the Law 15 January 1992, n. 50.
The article provides the mandatory jurisdiction of the judge of the place where the consumer is resident or domiciled for the contracts negotiated away from business premises.
The Court has based this decision on the literal interpretation of the relevant provisions and has concluded that the said article 12 applies to all controversies arising from the interpretation of Law 15 January 1992, n. 50.
Thus, the mandatory jurisdiction applies not only to the issues concerning the right of cancellation that provides that the consumer has the right to renounce the effects of his undertaking by sending notice under the conditions set forth by the same Law.
The decision also stated that the article 12 of the Law 15 January 1992, n. 50 is mandatory and that it is not subject to derogation.