Gerechtshof Amsterdam; 2017-11-07; Vereniging van effectenbeheerders; 200.206.996
Decision by national courts in the field of European Union law — ECLI:NL:GHAMS:2017:4588
Date: 2017-11-07
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82017NL1107(51)_ENG_SUMJURE
JURE summary
JURE summary
Gerechtshof Amsterdam (‘the Court of Appeal’), 7 November 2017, ECLI:NL:GHAMS:2017:4588
(Damage caused by the explosion on the drilling rig platform Deepwater Horizon in the Gulf of Mexico on 20 April 2010 - Jurisdiction of the Dutch courts concerning collective redress by shareholders of BP - Conflict of jurisdiction - Rules of jurisdiction as defined by Article 7 of the Brussels I Regulation (recast) (1) - Place where the harmful event occurred - Interpretation provided by the Court of Justice of the European union in Kolassa case (Case C-375/13 (2)) and Universal Music case (Case C-12/15 (3)) - Purely financial damage resulting from actions and/or omissions that were not taken in the Netherlands)
The financial damage that occurred in the investor’s bank account held in the Netherlands cannot be qualified as a 'connecting factor' capable to establish the jurisdiction of the Dutch courts. There must exist other relevant circumstances giving entitlement to bring the proceedings before the Dutch courts. No such circumstances existed in this case. Therefore, no jurisdiction of the Dutch courts was established. See points 3.18 and 3.20 of the judgment.
(1) 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.
(2) Judgment of the Court of Justice of 28 January 2015, Harald Kolassa v Barclays Bank plc, C-375/13, ECLI:EU:C:2015:37.
(3) Judgment of the Court of Justice of 16 June 2016, Universal Music International Holding BV v Michael Tétreault Schilling and Others, C-12/15, ECLI:EU:C:2016:449.