Arrondissementsrechtbank Arnhem, arrest van 17/03/2004 107309/HA ZA 03-2099 Sluiter Ellwoodii, J. De Vries Sluijter B.V. / Blumenerdenwerk Stender Gmbh
Decision by national courts in the field of European Union law — ECLI:NL:RBARN:2004:AO9357
Date: 2004-03-17
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82004NL0317(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiffs, two Dutch companies and a person domiciled in the Netherlands, have claimed payment from the defendant, a German company, on the basis of an agreement for the supply of certain goods. The quality of the goods delivered was below standard as a result of which other goods were damaged. The defendant contested the jurisdiction of Rechtbank Arnhem (NL) and stated to this end that the general conditions which the parties agreed upon contain a jurisdiction clause as a result of which the Rechtbank Wesel has jurisdiction.
The court states that for an assessment of its jurisdiction the question whether the general conditions of the defendant apply needs to be answered on the basis of the law applicable to the contract. The court concludes that the general conditions are not applicable and that the parties therefore did not agree on a jurisdiction clause. Subsequently the court does assume jurisdiction based on Article 5(1) (a) and (b) Brussels I Regulation.