Arrondissementsrechtbank Assen, uitspraak van 17/03/2004 44593
Decision by national courts in the field of European Union law — ECLI:NL:RBASS:2004:AQ0934
Date: 2004-03-17
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82004NL0317(52)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, a person domiciled in the Netherlands, concluded an agreement with the defendant, a person domiciled in Germany, for the training of a dog. The plaintiff claims damages from the defendant based on a breach of contract as the dog was killed. The plaintiff argues that Rechtbank Assen (NL) has jurisdiction based on Article 5(1) (a) Brussels Convention being the court of the place where the obligation in question, the return of the dog, was to be carried out. Moreover, the plaintiff argues that it is a consumer in the sense of the Brussels Convention as the defendant charged it money for the training. The defendant contests the jurisdiction of the court and argues that the court of Aurich (DE) has jurisdiction as the dog was to be trained in Germany. The defendant further argues that the Brussels I Regulation is applicable and not the Brussels Convention and that he and not the plaintiff is to be considered as a consumer, being a pensioner who only trains dogs for fun.
The Rechtbank Assen (NL) states that the Brussels I Regulation is applicable. The court further states that the facts of the case as stated do not lead to the conclusion that the Netherlands is the place of performance of the obligation in question, since the agreement between parties related to a service, the training of a dog, which was carried out in Germany. The court therefore rejects that it has jurisdiction based on Article 5 Brussels I Regulation. The court also denies application of Articles 15 and 16 Brussels I Regulation as it was not shown that the defendant develops commercial or professional activities in the Netherlands; both parties are dog lovers who sometimes make some money with their hobby. The court denies jurisdiction.