Mediation Italy

Italian Supreme Court Confirms Consumer Jurisdiction for Cross-Border Real Estate Mediation

Published 2026-07-02 1 source Arbitration Consumer Protection Cross Border Disputes Italy Mediation Real Estate Sector Italy

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TL;DR

  • Italian Supreme Court upheld consumer forum for cross-border real estate mediation disputes.
  • Agency's active targeting of foreign consumers triggers jurisdiction at the consumer's domicile.
  • Case involved an Italian agency seeking commission from German consumers.
  • Court emphasized concrete evidence of marketing aimed at foreign markets.

Overview

The Italian Supreme Court (Sezioni Unite) issued Ordinance No. 22465/2026, confirming that disputes over real estate mediation commissions involving consumers from another EU member state must be brought in the consumer's country of domicile when the agency targets its activities toward that market. The decision clarified that mere accessibility of a website from abroad is insufficient; concrete evidence of commercial targeting of the foreign market is required.

What Happened

An Italian real estate agency initiated proceedings against both the seller and buyer, both domiciled in Germany, to recover unpaid commissions following a cross-border property transaction.

The agency operated a website with content in German and utilized marketing channels and reviews attracting foreign clients, specifically from Germany.

While an Italian trial court initially accepted jurisdiction, the Venice Court of Appeal declined jurisdiction based on European consumer protection rules, deciding that the competent court was in Germany.

Upon appeal, the Italian Supreme Court affirmed the appellate decision, citing clear evidence that the agency's commercial activities were directed at consumers in Germany, thereby requiring litigation to be held in the consumer's domicile under EU Regulation 1215/2012.

Context

The ruling aligns with previous national and European court decisions, such as CJUE C-104/22, which detail criteria for establishing whether a business targets foreigners: use of language, currency, targeted advertising, and references to an international clientele.

Mere online presence or use of a common language (e.g., English) does not meet the threshold; there must be demonstrable targeting of the foreign market.

Why It Matters

  • This decision clarifies jurisdictional boundaries for real estate mediation and similar cross-border consumer disputes in the EU.
  • Agencies targeting foreign markets must be aware that consumer protection rules-requiring litigation in the consumer's home state-will apply when commercial strategies are clearly directed abroad.

Sources

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