Arrondissementsrechtbank Middelburg, vonnis van 07/12/1994 Piet Verwijs-Van der Endt BV / Consignaciones Carrasco SA
Decision by national courts in the field of European Union law — ECLI:NL:RBMID:1994:1
Date: 1994-12-07
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81994NL1207(04)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, a Dutch company, sold and delivered goods to a Spanish company. The Spanish company did not pay the invoices of the plaintiff and was ordered in default of appearance to pay by the Rechtbank of Middelburg (NL). Another Spanish company, the defendant, agreed to pay the amount claimed by the plaintiff, but did not pay either. The plaintiff now claims the payment from the defendant before the Rechtbank of Middelburg (NL). The defendant disputes the jurisdiction of the Rechtbank. The plaintiff invokes Article 5(1) Brussels Convention.
The Rechtbank holds that it does not have jurisdiction, and that a plaintiff can, as an alternative to the general rule of Article 2 Brussels Convention, summon the defendant before the court of the place where the obligation in question is to be carried out. The obligation in question is the obligation for the defendant to pay the debt of the other Spanish company, as stated in the plaintiff's statement of claim. The Rechtbank states that it is to be determined on the basis of the law applicable to the contract where this obligation was to be carried out. The Rechtbank finds that on the basis of Spanish law, which is applicable to the obligation, the payment was to be carried out in Spain and that therefore the Spanish courts have jurisdiction based on Article 5(1) Brussels Convention.