President van de arrondissementsrechtbank Amsterdam, vonnis van 10/09/1992 Blokland-Prins / Houten Kop Commanditaire vennootschap, Firma Brouwerij Strubbe e.a.
Decision by national courts in the field of European Union law — ECLI:NL:GHAMS:1992:2
Date: 1992-09-10
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81992NL0910(02)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The appellant, a person domiciled in the Netherlands, concluded a sole-distributorship agreement with the defendants, domiciled in Belgium, for the sale of beers in The Netherlands. The defendants notified the appellant that the duration of the agreement would not be extended. The appellant claimed the continuation of the agreement, damages and the replacement of an earlier shipment of beers. The defendants disputed the jurisdiction of the President of the Rechtbank Amsterdam (NL). The President assumed jurisdiction based on Article 5(1) Brussels Convention but rejected the claim.
On appeal, the Hof Amsterdam (NL) finds that the President of the Rechtbank indeed has jurisdiction as the obligation in question is the obligation to comply with the sole-distributorship agreement, which was to be carried out in The Netherlands. The defendants in the appeal, however, state that the parties had agreed that jurisdiction was to be vested in the Rechtbank Dendermonde (BE). The Hof rejects this argument as a forum agreement in respect of the separate sales contracts cannot be said to apply automatically to the sole-distributorship agreement. The Hof further states that the President of the Rechtbank also has jurisdiction to hear the plaintiff’s last claim for a provisional measure regarding the replacement of the final shipment on the basis of Article 24 Brussels Convention and Dutch law as the measure was to be effected in the Netherlands. Finally, the Hof states that the jurisdiction regarding the first group of defendants also establishes the President’s jurisdiction in respect of the other defendants, based on Article 6.