Arrondissementsrechtbank Alkmaar, vonnis van 22/07/1982 Van den Berg Enveloppen BV / Bernard Ghesquières SA
Decision by national courts in the field of European Union law — ECLI:NL:RBALK:1982:1
Date: 1982-07-22
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81982NL0722(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
A French company bought a machine from a Dutch company but refused to take delivery of the machine and to pay the price. The Dutch company claims payment and acceptance of delivery.
The Rechtbank Alkmaar (NL) considers that if a claim is based on more than one obligation arising out of a contract, the obligation to be taken into account for the application of Article 5(1) Brussels Convention is the obligation characteristic for the contract. According to Dutch private international law, the obligation of the seller is the obligation to be considered in this case. As the seller is a Dutch company, the question referring to the place of performance of this obligation shall be determined in accordance to Dutch law. According to Article 19 of the Dutch Uniform Sales Act 1971, if the goods must be transported and no other arrangement has been made, delivery takes place by handing over the goods to the transporter. As the seller is domiciled in the Netherlands, the court assumes that delivery will take place in the Netherlands. Therefore the court has jurisdiction by virtue of Article 5(1) Brussels Convention.