Gerechtshof Den Haag; 2025-02-18; Girolac; 200.338.309/01
Decision by national courts in the field of European Union law — ECLI:NL:GHDHA:2025:728
Date: 2025-02-18
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82025NL0218(51)_ENG_SUMJURE
JURE summary
JURE summary
ECLI:NL:GHDHA:2025:728 Gerechtshof Den Haag (hereinafter ‘the Court of Appeal’), 18 February 2025, 200.338.309/01
The plaintiff claims that Girolac, a company established in Germany (hereinafter ‘the defendant’), has failed to comply with its purchase obligations under three contracts for the sale and delivery of cheese, and is seeking damages.
According to the plaintiff, the Dutch courts have jurisdiction based on a jurisdiction clause included in its general terms and conditions. The defendant disputes that such a jurisdiction clause was agreed upon by the parties, arguing that different general terms and conditions apply and invoking an arbitration clause contained therein.
The Court of First Instance declared that it lacked jurisdiction (ECLI:NL:RBROT:2023:124). The Court of Appeal reached a different conclusion and referred the case back to the Court of First Instance.
From the documents submitted, it can only be concluded that the plaintiff intended to apply its own general terms and conditions to the contracts, that the defendant did not object to this, and that there was no indication of any consensus to enter into an arbitration agreement.