Arrondissementsrechtbank 's-Gravenhage, vonnis in kort geding van 04/11/1992 Centrum voor Informatie en Documentatie Israël (CIDI), Anne Frank Stichting en Landelijk Bureau ter Bestrijding van Rassendiscriminatie / Vrij Historisch Onderzoek (VHO) e.a.
Decision by national courts in the field of European Union law — ECLI:NL:RBSGR:1992:AH5000
Date: 1992-11-04
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81992NL1104(02)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiffs, three Dutch legal persons, claim, in a summary proceedings, the prohibition of the distribution or publication in the Netherlands by the defendants, one Belgian legal person and two persons domiciled in Belgium, of leaflets in which the defendants dispute the existence of concentration camps in the Second World War and the execution of millions of Jews, as well as a prohibition to express or publicize their views in a manner which is offending or causes unnecessary distress to Jews or adherents of the Jewish belief, under the forewarning of a penalty payment. The second defendant disputes the jurisdiction of the President of the Rechtbank 's-Gravenhage (NL), the first and third defendants did not enter an appearance.
The President assumes jurisdiction and states that in matters of tort, the court at the place where the harmful event occurred has jurisdiction based on Article 5(3) Brussels Convention.. In this regard the interpretation of the Article leaves the plaintiff the choice to bring its claim either before the court of the place of the act giving rise to the damage or the place where the damage occurred. Moreover, the President considers that a decision in Dutch summary proceedings is generally to be regarded as a provisional measure in the sense of Article 24 and that on the basis of Dutch law a prohibition may be imposed in summary proceedings even if it is to be effected in the territory of another State, albeit that a prudent approach should be followed.