Rechtbank Rotterdam, uitspraak van 26/11/2008 292181/ HA ZA 07-2414 Electro Cirkel B.V. / Ralux E.A.
Decision by national courts in the field of European Union law — ECLI:NL:RBROT:2008:BG5693
Date: 2008-11-26
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82008NL1126(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The claimant domiciled in Rotterdam (NL) lodged a claim with the Rechtbank of Rotterdam (NL) against the defendant domiciled in Romania for damages as a result of defective delivery. The claimant had ordered a cargo of energy saving light bulbs with the defendant. The claimant’s written order contained a reference to its general conditions of delivery as well as information on the place of delivery “CFR Rotterdam” and “delivery time: To arrive in Rotterdam ...”. The order was signed by the defendant as confirmation. The claimant referred to the clause stipulating jurisdiction in its general conditions of delivery in support of the Rechtbank of Rotterdam (NL). In addition, according to the claimant, the place of jurisdiction of the place of performance was given, which was agreed to as Rotterdam. The defendant challenged the jurisdiction of the Rechtbank and objected that the conditions of delivery were not applicable in the present situation, in which the claimant was acting as buyer.
The Rechtbank Rotterdam (NL) leaves unanswered whether the general terms and conditions of the claimant were included into the contract and whether an effective agreement as to the place of jurisdiction in the meaning of Article 23 Brussels I Regulation came into being. The text of the clause stipulating jurisdiction describes disputes between the claimant and buyers. The single obvious interpretation is that this clause only pertains to cases in which the claimant acts as seller and not in this case as buyer. The Rechtbank justifies its jurisdiction under Article 5(1)(a) Brussels I Regulation. Because of the description of the place of delivery in the order and the fact that the goods were actually delivered in Rotterdam, the Rechtbank concludes that Rotterdam was agreed to as place of performance. The Rechtbank declares itself competent.