Gerechtshof Arnhem-Leeuwarden; 2015-01-13; Dune Ceramica; ICA import; 200.145.367
Decision by national courts in the field of European Union law — ECLI:NL:GHARL:2015:125
Date: 2015-01-13
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82015NL0113(51)_ENG_SUMJURE
JURE summary
JURE summary
ECLI:GHARL:2015:125
ICA Import invokes Article 5(1)(b) second indent of the Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ("Brussels I Regulation"). ICA Import states that, on the basis of an Exclusive Distribution Agreement for the Netherlands, it provided services for Dune Ceramica and therefore the Dutch courts have the jurisdiction to hear and decide on the merits of the claim. To subsume a legal relationship concerning the long-term supply relationship between manufacturer and importer (wholesaler) under provision of services within the meaning of Article 5(1)(b) second indent of the Brussels I Regulation, the long-term commercial relationship must go further than the conclusion of successive agreements, each having the object of the delivery and collection of goods (CJEU 19 December 2013, C-9/12, ECLI:EU:C:2013:860, RvdW 2014/333). According to the Gerechtshof, this is not sufficiently proved by the appellant. The conclusion is that the complaint will not be effective. The contested judgment shall be confirmed.