Rechtbank ’s-Hertogenbosch, uitspraak van 31/12/2008 169878/HA ZA 08-166 Pluvitec S.P.A. / Groupama Assicurazioni S.P.A. (Gan Assicurazioni Italia S.P.A.)
Decision by national courts in the field of European Union law — ECLI:NL:RBSHE:2008:BH2834
Date: 2008-12-31
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82008NL1231(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The insurance policyholder domiciled in Rome (IT) was sued for damages by a Dutch client in the Rechtbank of ‘s-Hertogenbosch (NL) for delivery of defective roofing materials. The policyholder requested that its insurance company, also domiciled in Rome, be joined as a party to the proceedings. The insurance company contested the jurisdiction of the Rechtbank and cited the terms and conditions in force between itself and the policyholder. Those conditions contained a jurisdiction clause that conferred jurisdiction on the Italian courts, whereby the suing party could choose either the courts of the insurance company’s headquarters in Rome or the courts of the company office that sold the insurance contract, here, in Verona (IT).
The Rechtbank of ‘s-Hertogenbosch (NL) points out that under Article 13(3) Brussels I Regulation, and according to the case law of the ECJ on the same, an insurance policyholder may waive the jurisdiction of the local court where the harmful event occurred, but not of the local court where he resides. A choice of jurisdiction pursuant to Article 13(3) Brussels I Regulation may be held against a policyholder only when it does not defeat the stated purpose of Section 3 Brussels I Regulation, namely, to protect the policyholder as the weaker party. The jurisdiction clause here allows the policyholder a choice of several (Italian) courts, but the qualifying criterion for the court ultimately selected is one that lies under the influence of the insurer. Section 3 seeks to avoid such a jurisdiction clause that favours the insurer. This is not changed by the fact that both the policyholder and the insurer here are domiciled in Rome. The Rechtbank confirms its jurisdiction under Article 11(1) Brussels I Regulation.