Therefore, the producer who intends to evade the declaration of liability must prove that one or more of the hypotheses provided for in the rule has occurred, or otherwise can evade the declaration of liability by providing rigorous proof that the product he delivered to the restaurateur was wholesome, and that it became contaminated only as a result of the conduct of the restaurateur. CONSUMER CUSTOMER AND TOURIST CUSTOMER Understanding the customer-restaurant relationship among contracts has the additional consequence of applying the discipline of consumer protection. In fact, the customer very often belongs to this category. The consequences are first of all procedural. Italian domestic legislation26 and the Union one identify the “consumer’s forum.” Under Italian law, the territorial jurisdiction of the court of the place where the consumer has his or her residence or domicile is mandatory, and may be detected ex officio by the court, unless a clause is stipulated by specific negotiation between the parties27. In the event that the applicable law is that of an EU member State other than Italy, consumers residing in Italy cannot waive the rights guaranteed by the Consumer Code and concerning the conditions of sale, pre-contractual information, the passing of risk in the transfer of goods, and the methods of communication and payment. At the European level, contracts concluded by consumers are regulated by the EU Reg 1215/2012, also known “Brussels I-Bis Regulation”. Article 17 of the Regulation determines the jurisdiction of the “consumer’s forum” with respect to contracts, concluded by consumers, which concern: sale of movable goods in installments, of loan with installment repayment connected with sale of goods, all other cases of contract concluded “with a person who pursues commercial or professional activities in the Member State of the consumer’s domicile or, by any means, directs such activities to that Member State or to several States including that Member State, and the contract falls within the scope of such activities”. The European rule should be read in coordination with the Italian one and tells us that the catering relationship, if it generates a compensable damage in the technical knowledge at the time when the producer put the product into circulation did not yet allow the product to be considered defective; (f) in the case of the producer or supplier of a component part or raw material, if the defect is wholly due to the design of the product into which the part or raw material was incorporated or the conformity of the latter with the instructions given by the producer who used it. 26 Article n. 66bis, Consumer Code (Italian Legislative Decree n. 206/2005). 27 Corte di Cassazione, Civil Section VI, Ruling n. 13562/2020, see supra. 163 THE RESTAURATEUR AND THE CUSTOMER’S HEALTH
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