Rechtbank ’s-Gravenhage, uitspraak van 16/07/2008 299642 / HA ZA 07-3706
Decision by national courts in the field of European Union law — ECLI:NL:RBSGR:2008:BE8791
Date: 2008-07-16
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82008NL0716(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, seated in the Netherlands, delivered gardening products to the defendant, seated in South Africa. After the defendant had failed to pay invoices and insolvency proceedings had been opened on the plaintiff's assets, the plaintiff's insolvency administrator filed a claim for payment before the Rechtbank of 's-Gravenhage (NL). The defendant disputed the jurisdiction of the court. The plaintiff cited a jurisdiction clause in its general terms and conditions of business, to which it had referred on its invoices.
The Rechtbank of 's-Gravenhage finds that there is no treaty between the Netherlands and South Africa regarding international jurisdiction. Pursuant to Article 4(1) Brussels I Regulation, jurisdiction is to be determined according to Dutch law, subject to the provisions of Articles 22 and 23 Brussels I Regulation. The Rechtbank holds that the plaintiff has not substantiated the required demonstration of consent for a jurisdiction agreement under Article 23 Brussels I Regulation. It reviews its jurisdiction according to Dutch law, and declares itself lacking in jurisdiction.