The judges of the Corte di cassazione confirmed the precedent of the Corte di cassazione, Sezioni Unite, 01.10.2003, no. 14669, Abrescia v. Consultur S.r.l. (in Foro Italiano, 2003, I, 3298). The precedent has also been reported.
The Italian Supreme Court affirmed that the article 1469-bis, paragraph 3, no. 19, of the Italian Civil Code provides for a presumption of unfairness of the clause establishing a jurisdiction different from those of the judge where the consumer is resident or domiciled.
On such basis, the Court concluded that this provision introduced in the Italian legal system a case of exclusive jurisdiction for the consumers.