Arrondissementsrechtbank Amsterdam, vonnis van 01/04/1992 Umdasch GmbH / Van Zuilen
Decision by national courts in the field of European Union law — ECLI:NL:RBAMS:1992:2
Date: 1992-04-01
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81992NL0401(04)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, a German company, claims the payment of a sum of money from the defendant, a person domiciled in the Netherlands. The defendant disputes the jurisdiction of the Rechtbank Amsterdam (NL), stating that the general conditions of the plaintiff are applicable to the contract under which payment is claimed and that these general conditions provide jurisdiction for the court of Heidelberg (DE). The plaintiff contests the applicability of the jurisdiction clause. The plaintiff alleges that the requirements of Article 17 Brussels Conventions have not been met as the defendant never accepted the jurisdiction clause in writing.
The Rechtbank follows the reasoning of the plaintiff. Besides, the jurisdiction clause was, according to the Rechtbank, included in the general conditions only in the interest of the plaintiff so that he is free to deviate from it in the given situation. By this deviation, the interests of the defendant are in no way compromised but, on the contrary further pursued.