Rechtbank Roermond, uitspraak van 27/08/2008 86274 / HA ZA 08 - 300 Componenta B.V. / Sa Europ'usinage
Decision by national courts in the field of European Union law — ECLI:NL:RBROE:2008:9178
Date: 2008-08-27
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82008NL0827(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, seated in the Netherlands, contracted the defendant, seated in France, in April 2004 to make two components for an excavator. On 05 July 2004, the defendant signed two order forms from the plaintiff on the reverse sides of which was a reference to the general terms and conditions of business of the plaintiff. The plaintiff filed an action before the Rechtbank of Roermond (NL) for breach of warranty. The defendant disputed the jurisdiction of the court. The plaintiff cited a jurisdiction clause in its general terms and conditions of business in favour of the Rechtbank of Roermond (NL). The defendant countered that the contract had already been formed at the time of the inclusion of the terms and conditions on 05 July 2004, and performance under the contract had already begun.
The Rechtbank of Roermond finds that the order forms dated 05 July 2004, through which the general terms and conditions of business were included in the contract, use wording that refers to a contract that has already been formed. Additionally, the defendant has already begun performing under the contract in June 2004. The Rechtbank concludes that the parties had already formed an oral contract that was confirmed in writing through the signing of the order forms. The written confirmation of an orally agreed jurisdiction agreement within the meaning of Article 23(1)(a) Brussels I Regulation requires proof that the jurisdiction clause was also part of the oral contract that the parties had formed. The plaintiff has not produced such evidence. The Rechtbank declares itself lacking in jurisdiction.