Gerechtshof Amsterdam; 2018-08-15; PT Ventures; 200.222.273
Decision by national courts in the field of European Union law — ECLI:NL:GHAMS:2018:2951
Date: 2018-08-15
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82018NL0815(51)_ENG_SUMJURE
JURE summary
JURE summary
ECLI:NL:GHAMS:2018:2951 Gerechtshof Amsterdam (hereinafter ‘the Court of Appeal’), 15-08-2018, 200.222.273/01, 200.223.101/01, 200.223.248/01
Brussels I Regulation (1); Brussels I Regulation (recast) (2); conflict of jurisdiction
PTV, being a shareholder of Unitel, claimed USD 470 million from Y, X and Tokeyna due to alleged damages resulting from unlawful withdrawals made by them from Unitel. The court declared that the Dutch court had jurisdiction over the case. In the appeal, Y, X and Tokeyna objected, alleging a lack of jurisdiction of the Dutch court. The solution of the question of whether the Dutch court had jurisdiction over this case may be deduced from the interpretation of the Brussels I Regulation provided by the Court of Justice of the European Union. PTV alleged that the unlawful transactions (against Unitel) shall be regarded as unlawful transactions against PTV itself. On the basis of the statements provided by PTV, the Court of Appeal considered that the claims brought by PTV against a number of defendants are so closely connected that it is expedient to hear and determine them together. In this way, it may avoid the risk of irreconcilable judgments concerning joint and several liability of the same defendants. The jurisdiction of the Dutch courts does not preclude the assessment of the claims brought against persons domiciled in different jurisdictions. The Court of Appeal upheld the first instance decision.
(1) Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
(2) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.