Gerechtshof 's-Gravenhage, 2e kamer, arrest van 20/05/1983  # Sammisa Europe Corporation NV / Joseph T. Ryerson & Son (Holland) BV
Decision by national courts in the field of European Union law — ECLI:NL:GHSGR:1983:AC7430
Date: 1983-05-20
Based on: Provisional data
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81983NL0520(02)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
A Dutch company sues a Belgian company for non-delivery of 200 barrels of stainless steel under a sales agreement. The defendant contests that there is a contract and, even if there is a contract, that the court has jurisdiction. Both the Rechtbank of Rotterdam (NL) and, in appeal, the Gerechtshof 's-Gravenhage (NL) accept jurisdiction under Article 5(1) Brussels Convention if Rotterdam is the place where the goods should have been delivered. The Rechtbank considers that no place of dispatch was mentioned in the communications between the parties and that the defendant was free to fulfil its obligations by delivering the steel in Rotterdam, regardless of its place of origin. Therefore, the Rechtbank concludes it has jurisdiction.
In appeal, the Gerechtshof refers to the statements of the plaintiff in the document introducing the proceedings. According to these statements, delivery should take place CF (carriage free) Rotterdam and shipment should take place from South Korea. Additionally, the plaintiff stated that the incoterm CAD (cash against documents) was agreed but this is disputed by the defendant. According to the Gerechtshof, if CAD was agreed, the place of delivery would have been Seoul, the place where the documents were presented, and, if no CAD condition was made, the place of delivery would have been the place of shipment which was, according to the statements of the plaintiff, Seoul as well. Therefore, the Gerechtshof reverses the judgment of the Rechtbank and declares the Rechtbank has no jurisdiction.