Arrondissementsrechtbank Amsterdam, vonnis van 18/11/1992  # Takaztex BV / Eldo SpA
Decision by national courts in the field of European Union law — ECLI:NL:RBAMS:1992:3
Date: 1992-11-18
Based on: Provisional data
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81992NL1118(02)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, a Dutch company, claims damages from the defendant, an Italian company. The claim is based on tort. The plaintiff states that the defendant acted negligently towards it by damaging the interests of an intermediary agent who was appointed by the subsidiary company of the plaintiff. The defendant disputes the jurisdiction of the Rechtbank Amsterdam (NL). The plaintiff argues that although the harmful event occurred in Germany, the damage occurred in its place of domicile so that the court of this place additionally has jurisdiction based on Article 5(3) Brussels Convention.
The Court denies jurisdiction, ruling that a distinction should be made between the place where the event causing the damage occurred, the place where the damage itself occurred and the place where the financial estate is located in which the financial disadvantage appears, which may be located anywhere in the world. The ground for jurisdiction in matters of tort in the sense of Article 5(3) Brussels Convention has been expanded to include both the place of the event giving rise to the damage and the place where the actual damage occurred. This interpretation of Article 5(3) Brussels Convention does not, however, provide jurisdiction for the Court of the place where financial consequences to an estate appear.