President Arrondissementsrechtbank ‘s-Hertogenbosch, uitspraak van 05/08/2004 112441/KG ZA 04-422
Decision by national courts in the field of European Union law — ECLI:NL:RBSHE:2004:1581
Date: 2004-08-05
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82004NL0805(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, a Dutch company, exclusively imports the products of the defendant, a German company, into the Benelux countries. To this end an agreement was concluded, which was prolonged tacitly after the agreed period for cooperation ended. The contract contains a jurisdiction clause for the court of the place of domicile of the defendant. The defendant started to import the products into the Benelux countries by itself in conflict with the terms of the agreement and subsequently terminated the contract with the plaintiff. The plaintiff seeks compliance with the obligations under the agreement and further damages on the basis of a tort action. The defendant contests the jurisdiction of the President of Rechtbank ‘s-Hertogenbosch (NL) and argues that the parties agreed on a jurisdiction clause. The plaintiff argues that the case relates to a provisional measure for which the President does have jurisdiction.
The President states that based on Article 23 Brussels I Regulation another court has exclusive jurisdiction by virtue of the jurisdiction clause. However, the President states that the case in question concerns summary proceedings which constitute a provisional measure in the sense of Article 31 Brussels I Regulation and that a court, even if it does not have jurisdiction to hear the case based on Articles 2 to 30 Brussels I Regulation, can derive jurisdiction to administer such a case on the basis of national procedural law on the condition that a close connection exists between the object of the requested measure and the jurisdiction of the court seized which is based on territorial criteria. The President states that the harmful event occurred on Dutch territory which suffices the requirement of the close connection and at least one of the measures requested has a provisional nature.