Arrondissementrechtbank Arnhem, arrest van 15/06/2004 112091 / KG ZA 04-230 Pronet B.V. / Unger Germany Gmbh
Decision by national courts in the field of European Union law — ECLI:NL:RBARN:2004:AP3798
Date: 2004-06-15
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82004NL0615(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, a Dutch company, concluded an agreement for a specific period of time with the defendant, a German company, for the supply and resale of cleaning products. A jurisdiction clause was incorporated in the agreement specifying the court of the place of domicile of the defendant in Germany. After the contractually agreed period had elapsed, the cooperation was extended without concluding a new contract. Later on, the defendant terminated the cooperation and therefore the plaintiff seeks compliance with the agreement. The defendant contests the jurisdiction of the President of Rechtbank Arnhem (NL).
The President states that it must be ascertained whether the jurisdiction clause in the first agreement also applies with respect to a dispute concerning the cooperation between the parties for which no new contract was concluded. The President reaches an affirmative decision as the extended cooperation between the parties can be regarded as the continuation of a long-term cooperation agreement. The President states that in light of number (14) of the preamble of the Brussels I Regulation a jurisdiction clause is to be respected and it holds that it has no jurisdiction to hear the claim of the plaintiff as far as it relates to the cooperation between the parties. The President further states that as far as the claim of the plaintiff was based on a tort action, it must also reject jurisdiction as the claim is unfounded.