Gerechtshof Leeuwarden, arrest van 25/02/2004 0300254
Decision by national courts in the field of European Union law — ECLI:NL:GHLEE:2004:AO4719
Date: 2004-02-25
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82004NL0225(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiffs, persons domiciled in Spain and defendants in the appeal, claim reimbursement of a money gift from the defendant, a person domiciled in the Netherlands and plaintiff in the appeal. The defendant contested the claim and brought a counterclaim for the repayment of money based on a money loan agreement. The Rechtbank Assen (NL) – canton department – determines that the parties are domiciled in different Member States and that the case therefore has an international character due to which factor the court must assess its jurisdiction to hear the case. The court assumes jurisdiction based on Article 2 or Article 5 Brussels I Regulation in regard of the main proceedings. The court denies jurisdiction with regard to the counterclaim. The defendant enters an appeal against this decision and argues to this end that the Rechtbank does indeed have jurisdiction to hear the counterclaim based on Article 5(1) Brussels I Regulation as the claim concerns a contractual obligation to pay money, which is to be carried out based on the applicable law at the place of domicile of the defendant, the district Assen.
The Hof Leeuwarden (NL) finds that the Rechtbank Assen (NL) has jurisdiction to hear the claim for this reason, although the legal basis for the claim is disputed, as the obligation in question determines the jurisdiction in the framework of Article 5(1) Brussels I Regulation.