Arrondissementsrechtbank Amsterdam, vonnis van 11/03/1992 Gemeente Amsterdam / Broeckx & Co BVBA
Decision by national courts in the field of European Union law — ECLI:NL:RBAMS:1992:1
Date: 1992-03-11
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81992NL0311(05)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, a Dutch municipality, claims the payment of a sum of money from the defendant, a Belgian company. The plaintiff states that the defendant agreed to pay through the mediation of the plaintiff an amount of tip-off money to a police informer for information about the location of stolen goods. According to the plaintiff, the jurisdiction of the Rechtbank Amsterdam (NL) can be based on Article 5 (1) Brussels Convention but if this would not be the case, on Article 5 (3) Brussels Convention. The defendant disputes the jurisdiction of the Rechtbank.
The Rechtbank determines that Dutch law is applicable to the legal relationship between the parties and that according to Dutch law, the stated obligation is of a non-contractual nature. Therefore Article 5(3) Brussels Convention is applicable as the term 'matters relating to tort' covers all actions which seek to establish the liability of a defendant and which are not related to a "contract" within the meaning of Article 5 (1). As the plaintiff states that the Amsterdam police made a commitment to the informant to pay tip-off money due to the promise of the defendant, Amsterdam is the place where the damage occurs. Therefore, the Rechtbank assumes jurisdiction on the basis of Article 5(3) Brussels Convention.