Arrondissementsrechtbank Maastricht, vonnis van 23/08/1990  # Quickprime Finance Ltd / Limbutex BV
Decision by national courts in the field of European Union law — ECLI:NL:RBMAA:1990:7
Date: 1990-08-23
Based on: Provisional data
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81990NL0823(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, a Dutch company, sold and delivered goods to the first defendant, an English company. The first defendant did not pay a number of invoices. The plaintiff sought payment before the Rechtbank of Maastricht (NL). He also claims payment from another English company, the second defendant, which is said by the plaintiff to have guaranteed the payment of the first defendant. The defendants contested the jurisdiction of the Rechtbank. The first defendant also raised a counterclaim.
The Rechtbank (NL) accepts jurisdiction on the basis of Article 5(1) Brussels Convention. The obligation in question, on which the plaintiff bases his claim against the first defendant, is the obligation to pay the invoices. Under the applicable Dutch law, this obligation is to be carried out in the district of the Rechtbank. The obligation in question for the claim against the second defendant is the obligation arising from the guarantee made by the second defendant for the payment of the debt of the first defendant. This contract is accessory to the sales contract and, being connected to the payment under the sales contract, the obligation to pay the guaranteed price has to be performed in the district of the Rechtbank as well. The court further accepts jurisdiction on the basis of Article 6(3) Brussels Convention to hear the counterclaim brought by the first defendant against the plaintiff.