Rechtbank Rotterdam, uitspraak van 04/02/2009 304025/ HA ZA 08-827 New Cabling Company B.V. / Dusolier Calberson S.A.
Decision by national courts in the field of European Union law — ECLI:NL:RBROT:2009:BH2202
Date: 2009-02-04
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82009NL0204(52)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff is the insolvency administrator of a computer cable supplier domiciled in Utrecht (NL). The defendant, domiciled in France, stored merchandise for the plaintiff. The parties had entered into a storage contract, in which they included an agreement conferring jurisdiction on the Rechtbank of Rotterdam (NL). A merchandise delivery of the plaintiff was lost by the defendant or, at the least, was not returned despite demands to do so. The plaintiff filed an action for damages with the Rechtbank of Rotterdam (NL). The defendant contested the jurisdiction of the Rechtbank by arguing that the plaintiff could not invoke the jurisdiction clause of the storage contract because the asserted claims do not arise from the contract, but rather from another contract, and that the courts of France have jurisdiction under Article 2 Brussels I Regulation.
The Rechtbank of Rotterdam (NL) finds that the jurisdiction agreement in the general storage contract conforms to the requirements of Article 23 Brussels I Regulation. Whether the pending claims stem from the storage contract, which contains the jurisdiction clause conferring jurisdiction on the Rechtbank of Rotterdam (NL), is to be evaluated on the basis of the claim. The plaintiff bases his claim primarily on the violation of contractual obligations in the storage contract. The question of jurisdiction does not depend on whether this storage contract can ultimately support the claims or whether another contract covers the claims between the parties. The Rechtbank of Rotterdam (NL) finds it has jurisdiction.