Rechtbank Leeuwarden, uitspraak van 29/10/2008 90211 / HA ZA 08-554
Decision by national courts in the field of European Union law — ECLI:NL:RBLEE:2008:BG2104
Date: 2008-10-29
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

82008NL1029(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The claimant, domiciled in the Netherlands, sued the defendant, domiciled in Cyprus, in the Rechtbank of Leeuwarden (NL). He based his claims on a sales contract concluded between the parties. With regard to the jurisdiction of the Rechtbank, he invoked a jurisdiction clause contained in his general terms and conditions of business. The defendant challenged the jurisdiction of the court. As grounds he argued that there are no provisions in the Brussels I Regulation upon which he could be sued in the Dutch court.
The Rechtbank of Leeuwarden (NL) holds that the defendant was obliged to substantiate his challenge to the claimant's submissions regarding the sales contract, the general terms and conditions of business and jurisdiction clause. Because the defendant's submission was silent in this regard, the court holds that the sales contract was concluded, the claimant's general terms and conditions of business were incorporated into the contract, and the parties reached an agreement on the jurisdiction clause within the meaning of Article 23 Brussels I Regulation. The Rechtbank holds that it has jurisdiction.