Rechtbank Dordrecht, uitspraak van 22/08/2007 65602/HA ZA 06-2472
Decision by national courts in the field of European Union law — ECLI:NL:RBDOR:2007:BB2342
Date: 2007-08-22
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82007NL0822(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
X, domiciled in the Netherlands, concluded a contract (denominated option to buy) with Y, domiciled in Spain. X paid the sale price for a holiday home in Spain, and Y invested the amount profitably. X received the interest on the income and the right to live in the home for three weeks each year. Six defendants guaranteed the contract as joint debtors. The project failed. X lodged a claim against the defendants before the Rechtbank of Dordrecht (NL) for compensation. The defendants A and B were domiciled in the Netherlands, C and D in Germany, and E and F had no known domicile and did not enter an appearance. A referred to a jurisdiction agreement in the contract in favour of the Spanish courts. X referred to Article 17 Brussels I Regulation because he had concluded the contract as a consumer. B, C and D accepted the claim without challenge.
The Rechtbank of Dordrecht (NL) checks whether the contract is a consumer matter within the meaning of Article 15 Brussels I Regulation. The court leaves unanswered whether X has concluded the contract because of the interest or the right to abode. This question pertains to X’s contract with Y. The defendants only signed the contract as a third party, as personal warrantors. The appointment of security does not serve X’s private consumer interests. The Spanish court has exclusive jurisdiction over the contractual claim against A under Article 23. The same is also valid for E and F under Article 4(1). The Rechtbank has jurisdiction over the claims against B, C, and D under Article 24. Insofar as X bases his claims on illegal acts the jurisdiction agreement has no application. Despite the cross-border nature of the act, jurisdiction is to be judged according to national rules, as A is domiciled in the Netherlands. The same is valid for E and F under Article 4. The Rechtbank declares that it has no jurisdiction over contractual claims against A, E and F, but that it has jurisdiction over the other claims.