International sale of goods in Italy: Legal Guidance for Foreign Companies

Commercial sales and cross-border supply transactions between businesses established in different countries constitute an important opportunity for commercial growth but may also give rise to complex legal disputes.

Late delivery, defective goods, non-payment of the purchase price, termination of the contract, and claims for damages are among the most common issues arising in international trade.

Where a commercial relationship involves an Italian business, it is essential to determine in advance:

• which court has jurisdiction to hear the dispute;

• which law governs the contract;

• which legal remedies are effectively available.

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In international commercial relationships, the Italian courts may have jurisdiction in the circumstances provided for under Italian law, European Union law, and the applicable international conventions, taking into account any jurisdiction agreements concluded between the parties.

The law governing the contract does not necessarily coincide with the law of the court having jurisdiction. In most cases, the parties are free to choose the law applicable to their contract. In the absence of an express choice, the applicable law is determined in accordance with the conflict-of-law rules laid down by the relevant legal framework.

Where a dispute concerning an unpaid debt or a breach of contract falls within the jurisdiction of the Italian courts, the creditor may avail itself of the remedies provided by Italian law, including:

• an application for a payment order (decreto ingiuntivo);

• a conservatory attachment (sequestro conservativo), where the statutory requirements are satisfied;

• ordinary civil proceedings to obtain judicial recognition of its rights and compensation for any damages suffered.

  
  

In cross-border disputes, proceedings already pending before foreign courts, the recognition of foreign judgments, and the enforcement of judgments in other jurisdictions may also be of significant relevance.

For these reasons, international commercial contracts should be drafted with particular care, paying specific attention to provisions governing the applicable law, jurisdiction, delivery arrangements, payment terms, and dispute resolution mechanisms.

Obtaining qualified legal advice from the negotiation stage frequently helps prevent costly litigation. Where a dispute has already arisen, it is essential to develop an effective litigation strategy, taking into account the remedies available under the applicable legal framework and the implications arising from the international nature of the commercial relationship.

Milano, 01.07.2026

Avv. Giovanni Babino