Rechtbank ’s-Hertogenbosch, uitspraak van 12/02/2009 581256
Decision by national courts in the field of European Union law — ECLI:NL:RBSHE:2009:BH9676
Date: 2009-02-12
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82009NL0212(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, a credit institution domiciled in the Netherlands, extended a consumer loan in 2006 to the defendant, a Belgian citizen. The plaintiff filed with the Rechtbank of ‘s-Hertogenbosch (NL) to demand payment of the loan. Before the time of the filing, the defendant moved his residence to Belgium. The defendant did not appear in the proceedings. The plaintiff cited a jurisdiction clause in its general terms and conditions that conferred jurisdiction on Dutch civil courts. It maintained that the defendant had his residence in the Netherlands at the time of the closing of the contract, and supported its claim by producing the consumer loan contract and a copy of the personal identification of the defendant.
The Rechtbank of ‘s-Hertogenbosch (NL) finds that the jurisdiction clause fulfils the requirements of Article 17(3) Brussels I Regulation. One sees from the consumer loan contract and the corroborating information in the personal identification of the defendant that both the consumer and the lender were domiciled in the Netherlands. An agreement to confer jurisdiction on the local courts of competent jurisdiction, the Dutch civil courts, does not violate Dutch law, nor does the credit contract in this case. The Rechtbank declares itself to have jurisdiction.