Gerechtshof Leeuwarden, uitspraak van 03/02/2009 200.011.034/01 JPB Industrial Services Delfzijl B.V. / Buchen Industrial Services N.V.
Decision by national courts in the field of European Union law — ECLI:NL:GHLEE:2009:BH4158
Date: 2009-02-03
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82009NL0203(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, with its seat in the Netherlands, performed cleaning services for the defendant, the seat of which is in Belgium. The plaintiff filed a claim with the Rechtbank of Groningen (NL). The Rechtbank declared itself lacking in jurisdiction. The defendant has its statutory seat under Article 2 Brussels I Regulation in Belgium. The place of performance within the meaning of Article 5(1)(b) Brussels I Regulation was likewise in Belgium. The plaintiff appealed the decision to the Gerechtshof Leeuwarden (NL). It maintained that the place of performance was at its seat in Groningen. It was there that it organised the personnel and supplies for the cleaning services, where the defendant should have paid it, and where the parties entered into the contract.
The Hof of Leeuwarden (NL) dismisses the plaintiff's appeal. According to Article 5(1)(b) Brussels I Regulation, the place of performance of the obligation in question, in the case of the provision of services, is that place in a Member State where the services were provided or should have been provided under the contract. The Hof finds that the cleaning services were provided under the contract at the seat of the defendant in Belgium. It confirms the decision of the lower court.