I am not sure, I think it can't apply to Italy, as we have a tiered set of laws and one lower tier can't override higher tiers, and contracts/tos are the lowest tier
Not to be nitpicky but this message also talks of jury trial, which EU countries generally don't have.
Jury trial is a common form of the legal system in USA, but we have the equivalent here in Europe as regular court (no jury). The discussion is court vs. arbitration, not jury vs. something else. The same applies to Europe, if binding.