Voorzieningenrechter Rechtbank Zutphen, arrest van 09/02/2004 57370/KG ZA 03-277
Decision by national courts in the field of European Union law — ECLI:NL:RBZUT:2004:AO3551
Date: 2004-02-09
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

82004NL0209(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, a Dutch company, claims in summary proceedings for the Voorzieningenrechter Rechtbank Zutphen (NL) to prohibit the defendants, companies from Great Britain, Austria and Cyprus, from offering and promoting the opportunity to participate in gambling in the Netherlands. The plaintiff accuses the defendants of doing so by offering the opportunity to inhabitants of the Netherlands to participate through their internet connection at home in sports gambling. The defendants have no license as requested by Dutch legislation.
The Voorzieningenrechter concludes that the Dutch courts have jurisdiction under Article 5(3) Brussels Convention and that therefore, the Voorzieningenrechter Rechtbank Zutphen has jurisdiction under Article 24 Brussels Convention to grant preliminary and protective measures. After further discussion of the case, the requested prohibition is granted.