Rechtbank Middelburg, uitspraak van 21/12/2005 47280 HA ZA 05-152
Decision by national courts in the field of European Union law — ECLI:NL:RBMID:2005:AZ5267
Date: 2005-12-21
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82005NL1221(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The defendant, domiciled in France, purchased goods from A, domiciled in the Netherlands. A assigned the monies receivable from the purchase price to the plaintiff, domiciled in the Netherlands. The plaintiff filed with the Rechtbank of Middleburg (NL) to collect the assigned debts. The defendant disputed jurisdiction. The plaintiff based jurisdiction on the place of performance pursuant to Article 5(1)(a) Brussels I Regulation. It alleged that the contract between the defendant and A was performed in Terneuzen (NL) and that the plaintiff had substituted A as creditor of the claim. The defendant disputed, arguing that no contractual relationship existed between the parties and that the assignment entitled the plaintiff only to a right of collection of the debt. Therefore, the plaintiff must file with the competent court in France. The plaintiff argued in the alternative that jurisdiction could be based on tort, delict, or quasi-delict, as provided in Article 5(3) Brussels I Regulation, because of the defendant's refusal to pay.
The Rechtbank of Middleburg (NL) holds that the plaintiff is entitled as assignee to collect the receivables from A, but that it does not replace A as new creditor under the contract. There is no contractual relationship between the parties to the proceedings. Article 5(1)(a) Brussels I Regulation does not apply here. The Rechtbank cannot rule with regard to the submitted alternative ground for jurisdiction in tort, delict, or quasi-delict of Article 5(3) Brussels I Regulation, as the merits of the contractual claims must be adjudicated as an initial matter. For reasons of administrative efficiency, the Rechtbank declines jurisdiction over the entire case so that the claims may be entered in whole before the court of competent jurisdiction pursuant to Article 2 Brussels I Regulation.