Rechtbank Rotterdam, uitspraak van 21/01/2009 314759 / HA ZA 08-2207 Robico International B.V. / Costas Hadjiandreou & Son Co Ltd.
Decision by national courts in the field of European Union law — ECLI:NL:RBROT:2009:BH1162
Date: 2009-01-21
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82009NL0121(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The seller, domiciled in Rotterdam (NL), delivered a cargo of tomatoes to the buyer, domiciled in Cyprus. The sale price remained partially unpaid. The seller lodged a claim before the Rechtbank of Rotterdam (NL). The buyer challenged the court’s jurisdiction. The seller referred to the jurisdiction clause in its general terms and conditions in support of the Rechtbank of Rotterdam (NL). In addition, the seller cited the jurisdiction of the place of performance. The case concerned a distance sale and, according to the seller, and the place of performance was in the jurisdiction of the Rechtbank of Rotterdam (NL), where the seller had handed the tomatoes over to the transport company. The buyer disputed this, and alleged that the contract of sale was concluded via telephone without the inclusion of terms and conditions, and that the place of performance was Cyprus.
The Rechtbank of Rotterdam (NL) upholds its jurisdiction under Article 5(1)(a) Brussels I Regulation. According to Article 31 CISG, the place of performance lies within its jurisdiction. The buyer has made no convincing argument as to the place of performance. It is clear from the seller's bill of lading that the transport of goods to Cyprus was agreed upon, and that the seller had handed the goods over to a freight carrier in Barendrecht (NL). The Rechtbank disregards the question as to the effectiveness of the jurisdiction clause under Article 23 Brussels I Regulation because the clause would lead to no other place of jurisdiction in this case.