The Corte di Cassazione clarified that, according to Art. 1469 bis, para 3, n. 19 c.c., a contractual term which establishes the competent judge is not the one of the place where the consumer is resident or domiciled is presumed unfair (Corte di Cassazione S.U., 1/10/2003, no. 14669) even if the place is coinciding with the forum provided by the rules of civil procedure, such as alternative forum at Art. 20 c.p.c..
Moreover, the Supreme Court declared that in any case the parties have not expressly agreed another competent judge, under Art. 1469-ter c.c.
In consequence of that, the Corte di Cassazione confirmed the decision on competence of the Tribunale of Reggio Emilia.