Gerechtshof Amsterdam, arrest van 16/07/1992 Trade Link BV / Selettra srl
Decision by national courts in the field of European Union law — ECLI:NL:GHAMS:1992:1
Date: 1992-07-16
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81992NL0716(03)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, a Dutch company, made a claim in summary proceedings for the payment of the price of goods sold to the defendant, an Italian company. In the same proceedings, the plaintiff applied for a leave to seize a bank account and movable goods in Italy belonging to the defendant. Before the proceedings were instituted, the defendant started proceedings in Italy for the annulment of the contract and the payment of damages. The defendant disputed the jurisdiction of the President of the Rechtbank Utrecht (NL). The President refused jurisdiction. He considered that the Italian Courts have jurisdiction to hear the claim for payment. As to the seizure, the President found that Article 24 Brussels Convention, in conjunction with Dutch law, only establishes jurisdiction for the court where the goods affected by the seizure are located, where the adversary is domiciled or where the main dispute is. On appeal, the Hof Amsterdam (NL) reverses the decision.
The Hof rules that under Article 5(1) Brussels Convention, the Dutch court has jurisdiction to hear the claim for payment as payment should be made at the creditor’s domicile. Furthermore, the Hof finds that Article 21 Brussels Convention does not affect the jurisdiction of the Dutch courts to take measures based on Article 24 Brussels Convention, although due account should be given to the proceedings in Italy. The Hof rejects the claim for payment as there is insufficient reason to bring it in the summary proceedings. It is not excluded that a Dutch court would allow a party to seize goods in another Member State but the court should be reluctant in doing so as the courts of that other Member State are better suited to judge the request. The Hof refuses the leave for seizure.