Hoge Raad, arrest van 21/09/2001 Bus Berzelius Umwelt-Service AG / Chemconserve en Reakt Ltd
Decision by national courts in the field of European Union law — ECLI:NL:HR:2001:ZC3483
Date: 2001-09-21
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82001NL0921(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The claimants A, domiciled in the Netherlands, and B, domiciled in England, had a subsidiary company, C, domiciled in the Netherlands. The claimants negotiated with the defendant, domiciled in Germany, over the acquisition of shares in C. The defendant broke off negotiations with a letter to A. The claimants demanded compensation before the Rechtbank of Gravenhage (NL) because of the termination of contractual negotiations. The defendant challenged the court’s jurisdiction. The Rechtbank approved its jurisdiction under Article 5(3) Brussels I Regulation because the letter announcing the termination was received by A and therefore in the jurisdiction of the Rechtbank. After unsuccessful appeal, the defendant lodged an appeal before the Hoge Raad (NL).
The Hoge Raad (NL) examines how the place of the event giving rise to damage under the meaning of Article 5(3) Brussels I Regulation in the case of a termination of contractual negotiations is to be determined. The internal decision of a party cannot suffice because the termination establishing damage only occurs with the delivery of a message to the other party. Because the place of delivery can occasionally be arbitrary, the court must judge according to the circumstances of each individual case whether this place can be considered to be the place of the event giving rise to damage. In the present case, however, there is no such arbitrariness. A participated in the negotiations, and the defendant effected delivery to A. The preliminary question, which in the Advocate General’s opinion should be referred to the ECJ, as to what extent the termination of contractual negotiations is to be assigned to Article 5(1) or (3) Brussels I Regulation, and how in both cases the particular jurisdiction is to be determined, is not addressed by the Hoge Raad (NL). The court dismisses the appeal.