President Rechtbank Arnhem, arrest van 30/03/2004 106255/KG ZA 03-745
Decision by national courts in the field of European Union law — ECLI:NL:RBARN:2004:AP2202
Date: 2004-03-30
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82004NL0330(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, a Dutch company, concluded an agreement with the defendant, an Italian company, for the construction and supply of a machine and claims compliance with the contractual obligations from the defendant. The defendant contests the jurisdiction of Rechtbank Arnhem (NL) and argues to this end that the parties did not agree that the general conditions of the plaintiff, containing a jurisdiction clause for the Rechtbank Arnhem, would be part of the agreement.
The court states that it is to be determined whether the general conditions, including the jurisdiction clause, were actually agreed on - in writing - by the parties and finally the court reaches a negative conclusion. Therefore the court states that the jurisdiction clause is not a part of the agreement and as a consequence has no effect. The court subsequently states that based on Article 2 Brussels I Regulation, the defendant should be summoned before the court in Italy and that based on Article 5 Brussels I Regulation, the defendant can be called before the court of the place where the machine was to be delivered, in this case in Vijfhuizen (NL) which lies in the district of Rechtbank Haarlem (NL) and as a consequence of which the Rechtbank Arnhem does not have jurisdiction. The court rejects jurisdiction.