Arrondissementsrechtbank Arnhem, uitspraak van 10/03/2004 105545/HA ZA 03-1820 Transvemij U.A. (H.O.D.N. Tvm Verzekeringen) / Lag Trailers Nv
Decision by national courts in the field of European Union law — ECLI:NL:RBARN:2004:AO9419
Date: 2004-03-10
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82004NL0310(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, a Dutch insurance company, claims compensation based on a tort action from the defendant, a Belgian company, for damages sustained by the plaintiff’s client, a Dutch company, and compensated for by the plaintiff due to an oil leakage after the defendant repaired the client’s truck. The defendant and the plaintiff’s client previously concluded a sales contract involving the sale of a truck from which later on the oil leaked due to a mistake made by an employee of the defendant while repairing it. The defendant argues that the general conditions that were applicable to the sales contract are also applicable to the repairs agreement and he therefore contests the jurisdiction of the Rechtbank Arnhem (NL) and argues to this end that the jurisdiction clause in the general conditions is also applicable to the current claim of the plaintiff based on tort.
The court states, with reference to Article 23 Brussels I Regulation, that no written agreement was concluded concerning the repairs agreement. The general conditions containing the jurisdiction clause applicable to the sales agreement were therefore not agreed on, neither was an oral agreement to that end confirmed in writing. The court states that a jurisdiction clause may be deemed to have been agreed on in another form if there existed a real agreement which accords with practices which the parties have established between themselves or in international trade or commerce, in a form which accords with a usage of which the parties are aware. The court states that the performance of incidental repairs does not point to any such practices or usages established between the parties and does not accept the jurisdiction clause. The court assumes jurisdiction based on Article 5 (1) Brussels I Regulation.