Gerechtshof Leeuwarden, uitspraak van 30/09/2008 107.000.614 Macduff Shellfish (Scotland) Limited / Froconsur B.V.
Decision by national courts in the field of European Union law — ECLI:NL:GHLEE:2008:BF3937
Date: 2008-09-30
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

82008NL0930(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, seated in the Netherlands, delivered goods to the defendant, seated in Scotland. There was a notice on the plaintiff's invoices that the amounts invoiced were transferred and payable to Bank A and could only be tendered via bank transfer into A's account in London (UK) or via check made out to a branch of A in Eindhoven (NL). The plaintiff filed claims before the Rechtbank of Leeuwarden (NL) in February 2002 against the defendant for payment on the invoices. The defendant disputed the jurisdiction of the Rechtbank. The Rechtbank declared itself as having jurisdiction. The defendant appealed to the Gerechtshof of Leeuwarden (NL).
The Hof of Leeuwarden (NL) reviews for jurisdiction under Article 5(1) Brussels Convention, as the action became pending prior to the entry into force of the Brussels I Regulation. The claims are directed at obtaining payment. The place of payment is determined according to applicable Dutch law. According to Dutch law, the creditor is permitted unilaterally to determine the place of payment. The plaintiff designated London (UK) and Eindhoven (NL) as places of payment via the notices on its invoices and is bound by that. This applies also insofar as the defendant has not yet paid and the plaintiff is subsequently authorised by the bank to seek payment for the claims and to claim payment for and by itself. As Eindhoven does not lie within the territorial jurisdiction of the Rechtbank of Leeuwarden, the Rechtbank does not have jurisdiction. The Hof lifts the judgment of the court of first instance and declares the Rechtbank as lacking in jurisdiction.