Gerechtshof 's-Hertogenbosch, arrest van 14/04/1992 Jardin BV / A.J.C. van Rhienen en Design Marketing Tools AG
Decision by national courts in the field of European Union law — ECLI:NL:GHSHE:1992:1
Date: 1992-04-14
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81992NL0414(03)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, a Dutch company, sued the defendants, one of whom was domiciled in Belgium and the other in Switzerland, in summary proceedings before the President of the Rechtbank Middelburg (NL). The claim, for an injunction to sell garden furniture, was based on a contractual non-competition clause. The President refused jurisdiction. On appeal, the Gerechtshof 's-Hertogenbosch (NL) does not follow the argument of the Belgian defendant that the matter falls outside the scope of the Brussels Convention as an arbitration clause was provided in the contract. The exclusion of arbitration was, according to the Hof, made for the reason that arbitration is subject to many international conventions. This does not mean that all disputes (e.g. in summary proceedings) that would be subject to arbitration in main proceedings fall outside the scope of the Convention. Nevertheless, the Hof refuses jurisdiction. If a decision in summary proceedings falls within the scope of Article 24 Brussels Convention at all, this provision must still be interpreted restrictively so that the addressed court only has jurisdiction if the requested measure is to take effect in the jurisdiction area of that court. The requested injunction, however, is of a general nature and not limited to the Breda jurisdiction area.
The Hof assumes jurisdiction against the Swiss defendant by virtue of Dutch legislation as the proceedings were started before the entering into force of the Lugano Convention.