Rechtbank Dordrecht, uitspraak van 09/01/2008 71608 / HA ZA 07-2510
Decision by national courts in the field of European Union law — ECLI:NL:RBDOR:2008:BC2651
Date: 2008-01-09
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82008NL0109(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The claimant runs a printing house that has its seat in the Netherlands. The defendant, which has its seat in France, issued an invitation for tenders over the internet regarding a large order for the printing of brochures. The claimant entered a tender and received the order. Via an action in the Rechtbank of Dordrecht (NL), it sued the defendant for payment of outstanding invoices. The defendant pleaded a lack of jurisdiction and invoked a jurisdiction clause in its general terms and conditions of business (T&C) in favour of the French courts. It claimed that the invitation for tenders referred to the T&C of the defendant and that the claimant accepted this offer. According to it, in the graphics branch, internet actions are a common form of invitations for tender, and thus it is also common that therein reference is made to the T&C of the party seeking tenders. The claimant disputed this in its entirety. It claimed that it had always referred to its own T&C in its reactions to the invitation for tenders.
The Rechtbank of Dordrecht (NL) holds that the defendant produced no evidence for the proposition that reference was made to its T&C in the invitation for tenders and that the claimant accepted the T&C or the jurisdiction clause. Thus, the requirements of Article 23 Brussels I Regulation are not fulfilled. The defendant did not dispute that the obligation upon which the claim is based was to be performed in the Netherlands. Thus, the Dutch court has jurisdiction pursuant to Article 5(1) Brussels I Regulation. The Rechtbank holds that it has jurisdiction.