Rechtbank Arnhem, uitspraak van 08/11/2007 160418 / KG ZA 07-577 Ppg Industries Netherlands B.V. / European Paint Importers Ltd.
Decision by national courts in the field of European Union law — ECLI:NL:RBARN:2007:BB8204
Date: 2007-11-08
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82007NL1108(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The defendant, a business domiciled in Cork (IE), imports dyes. It entered into a service contract with a Dutch dye exporter, in which they agreed to confer exclusive jurisdiction on Arnhem (NL). The exporter assigned his accounts receivable on the defendant to the plaintiff. The plaintiff filed demands for payment in summary proceedings with the Rechtbank of Arnhem (NL). It cited the jurisdiction clause in the service contract. Additionally, it claimed that the defendant had registered the office of its Dutch representatives as its domicile at the time of the service of process of the writ of summons. The defendant disputed the alleged choice of domicile as well as the validity of the assignment of accounts receivable. Moreover, the defendant claimed that the plaintiff, as assignee, may not rely on the jurisdiction clause because it was not a party to the service contract.
The Rechtbank of Arnhem (NL) denies jurisdiction over the defendant in Arnhem under Articles 2 and 59(2) Brussels I Regulation. Indeed, Article 1:15 BW (Burgerlijk Wetboek, Dutch Civil Code) does allow that a (legal) person assign a domicile other than its actual domicile via a written contract. Such a contract does not present itself here, and furthermore would establish the jurisdiction of Rechtbank of Amsterdam (NL), as that is where the office of the defendant’s representative is located. Jurisdiction also does not derive from the jurisdiction clause. It is true that an assignee may rely on a jurisdiction clause devised by the debtor and the assignor. That derives from Article 6:142 BW (Burgerlijk Wetboek), which states that an assignment also conveys the rights ancillary to the assigned claim to the new creditor. Under Dutch law, a valid assignment exists only when the assignor and assignee have signed a written contract, which the plaintiff has not produced. Jurisdiction over the defendant lies in Ireland. The Rechtbank declares itself not to have jurisdiction.