Gerechtshof Amsterdam, arrest van 16/07/1992 Box Doccia Megius / Wilux International BV
Decision by national courts in the field of European Union law — ECLI:NL:GHAMS:1992:AD1715
Date: 1992-07-16
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81992NL0716(04)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff in summary proceedings, a Dutch company, concluded a contract for the sole distributorship in Europe of the products of the defendant, an Italian company, and now claims compliance with the agreement. Prior to the short proceedings, the Italian company sued the Dutch company in Italy claiming payment for the separate purchase contracts and a declaratory judgment that a sole distributorship agreement never existed. The defendant contested the jurisdiction of the President of Rechtbank Utrecht (NL) stating that a case was already pending in Italy. The President, however, assumed jurisdiction. He found that main proceedings were pending in Italy court but Article 21 Brussels Convention only applies to claims which concern the same 'cause of action'. This condition is not met in relation to the claims arising out of the individual sales contracts. As far as the proceedings deal with the sole distributorship agreement, Article 21 Brussels Convention could be applicable, however, it follows from Article 24 Brussels Convention that Article 21 Brussels Convention is not applicable in respect of provisional measures. The defendant appeals this decision stating that a claim pending in Italy may not be judged as to its substance in subsequently introduced summary proceedings in The Netherlands.
The Hof Amsterdam (NL) rejects this appeal as Article 24 Brussels Convention institutes a separate jurisdiction regime under which a court of another Member State may assume jurisdiction in respect of provisional measures even if it has to discuss the substance of the claim when providing the measure. The Hof considers that the court deciding in the main proceedings is not bound to the judgment on the provisional measure.