Rechtbank Rotterdam, uitspraak van 30/07/2008 298913/ HA ZA 08-104 Blom Food Equipment B.V. / König Maschinen Gmbh, König Nederland B.V.
Decision by national courts in the field of European Union law — ECLI:NL:RBROT:2008:BD9673
Date: 2008-07-30
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

82008NL0730(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
A, with its seat in Rotterdam (NL), and X, with its seat in Austria, formed a cooperation agreement under which A was the exclusive dealer in the Netherlands of bakery machines made by X. The contract contained a jurisdiction clause in favour of the Austrian courts. When X founded a company in the Netherlands, Y, and shifted its import and all client relationships from A to Y, A was forced to declare for insolvency. The insolvency administrator for A filed action against X and Y before the Rechtbank of Rotterdam (NL) and demanded compensation for damages and commission under the contract as well as for tort or delict for stealing away customers. X disputed the court's jurisdiction and cited the jurisdiction agreement. A objected that the contract had ended in June 2004 and was replaced by an oral commercial agency contract.
The Rechtbank of Rotterdam (NL) deliberates on which legal basis X delivered machines to A. In the absence of relevant proof, the court assumes that the contract continued to exist even after June 2004. Insofar as the claims of the action are based on the alleged commercial agency contract, the court has jurisdiction pursuant to Article 5(1)(b) Brussels I Regulation. Insofar as the claims are based on the cooperation agreement, the jurisdiction agreement is valid within the meaning of Article 23 Brussels I Regulation. For the claims sounding in tort or delict, the jurisdiction agreement has no effect and the Rechtbank bases its jurisdiction on Article 5(3) Brussels I Regulation. The malfeasance of X and Y yielded their actual, harmful effects on A in the Netherlands. The Rechtbank orders A to provide evidence for its averment that its contractual claims are based on a commercial agency contract, and not on the cooperation agreement.