Arrondissementsrechtbank Arnhem, uitspraak van 07/01/2004 99997/HA ZA 03-836 Delta Lloyd Schadeverzekering N.V. / Mühlinghaus & Hildesheim Gmbh & Co
Decision by national courts in the field of European Union law — ECLI:NL:RBARN:2004:AO5204
Date: 2004-01-07
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

82004NL0107(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, a Dutch insurance company, compensated damages incurred by a person as a result of damage to a good that was caused by a product delivered by the defendant, a German company. After paying the compensation, the plaintiff acquired the right to claim those damages. The defendant contests the jurisdiction of Rechtbank Arnhem (NL) and argues that the special jurisdiction rules of Article 5 Brussels I Regulation are to be interpreted restrictively. The defendant further argues that the place where the damage occurred is too random as the defective products were exported to ten countries and further that the damage claimed by the plaintiff is not the direct damage resulting from the harmful event as it concerns the damage caused by the compensation of the direct damage. The court states that the place where the direct damage occurred, lies in the Netherlands, either in Nijmegen or 's-Hertogenbosch and that the "place where the harmful event occurred" may be interpreted as the place of the event giving rise to the damage (Handlungsort) and the place of the direct damage (Erfolgsort). The court states further that the Handlungsort and Erfolgsort coincide in this case and that the fact that the direct damage occurred in the Netherlands does not affect the jurisdiction as the defendant marketed its products on the Dutch market.
The court rejects the argument that the claim in question does not concern the direct damage as the right to claim damages acquired by the plaintiff concerns the direct damage caused by the defective product. The court assumes jurisdiction although the direct damage occurred in ‘s-Hertogenbosch (NL) and not in Nijmegen (NL) which would normally affect the internal jurisdiction of the court, because the defendant did not plead this.