Rechtbank Rotterdam, uitspraak van 18/10/2006 255826/HA ZA 06-526
Decision by national courts in the field of European Union law — ECLI:NL:RBROT:2006:33
Date: 2006-10-18
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82006NL1018(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Austrian company Z entered into a contract with the German company A in 2001. This was followed in 2003 by a similar contract between Z and the German company B ("the 2003 contract"). According to the 2003 contract, B was acting in the name and on behalf of the companies (the "Markets") that were part of the holding company C, a German company. The 2003 contract would be the basis for cooperation all over Europe. Deliveries to the Markets would take place on the basis of the 2003 contract. The 2003 contract contained a choice of forum clause for the courts in Munich (DE) and selected German law. Later in 2003, Z entered into an Annual Agreement with the German company D. In the main proceedings before the Rechtbank of Rotterdam (NL), plaintiff Z claimed payment from the defendant, the Dutch company X. X asserted that under the 2003 contract, the Dutch courts do not have jurisdiction.
The court finds that both parties concur that X was lawfully represented by B under the 2003 contract. Z bases its claim on one or more sales contracts with X. According to Z's own statement in the writ of summons, the terms of the 2003 contract are applicable to every sales contract. As Z's statement is supported by X and appears probable in view of the case documents, Z must be considered bound thereto. The court further finds that the parties agree that the Annual Agreement on financial consequences is complementary to the 2003 contract. The 2003 contract is thus applicable to all sales contracts and their financial consequences. Parties Z and X are deemed to have agreed to the choice of forum clause under Article 23 Brussels I Regulation. The Rechtbank of Rotterdam does not have jurisdiction.