Rechtbank Rotterdam, uitspraak van 01/08/2007 274919/HA ZA 06-3513
Decision by national courts in the field of European Union law — ECLI:NL:RBROT:2007:BB6035
Date: 2007-08-01
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82007NL0801(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The defendant, which has its seat in Germany, concluded a cooperation agreement with the claimant, which has its seat in the Netherlands, under which the claimant had delivered certain goods to the defendant. In the contract, the application of Dutch law and Rotterdam (NL) as the forum for all disputes between the parties was agreed. The claimant sued the defendant due to unpaid invoices in the Rechtbank of Rotterdam (NL). The defendant pleaded a lack of international jurisdiction. It argued that the jurisdiction agreement did not fulfil the requirements of Article 23 Brussels I Regulation, because it did not designate a specific legal relationship. The parties concluded numerous sales contracts as well as a distribution and a licensing agreement.
The Rechtbank of Rotterdam (NL) holds that Article 23 Brussels I Regulation does not contain any provisions regarding the interpretation of jurisdiction agreements. This is determined according to the applicable substantive law. As the Rome Convention on to the law applicable to contractual obligations does not apply to jurisdiction agreements, such applicable law is to be determined according to the Dutch rules of private international law. The contract which contained the jurisdiction agreement was to govern the framework for future sales contract between the parties. Upon a good faith interpretation, the jurisdiction agreement applies to all disputes arising out of the framework agreement and any future sales contract to be concluded but not beyond that to any other contractual relationships. Thus, the jurisdiction agreement applies to a specific legal relationship within the meaning of Article 23 Brussels I Regulation and is thus valid. The claims are claims for payment arising out of the concluded sales contracts and thus are subject to the jurisdiction agreement. The Rechtsbank of Rotterdam (NL) holds that it has jurisdiction.