Rechtbank Zwolle, uitspraak van 27/02/2008 133727 / HA ZA 07-830
Decision by national courts in the field of European Union law — ECLI:NL:RBZLY:2008:BD6599
Date: 2008-02-27
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82008NL0227(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The defendant, which has its seat in Germany, delivered a machine to the claimant, which has its seat in the Netherlands. The claimant brought an action in the Rechtbank of Zwolle (NL). The defendant pleaded a lack of jurisdiction and invoked a written jurisdiction agreement in the sales contract. It provided an order form on which it stated: "Forum and place of performance: Berlin". The claimant objected on the basis that it had not signed the order form. Thereupon, the defendant produced a copy of the order form which the claimant had signed and which - as evidenced by the header of the fax machine - was faxed by the claimant to the defendant before delivery.
The Rechtbank of Zwolle (NL) finds that the requirement of written form pursuant to Article 23(1)(a) Brussels I Regulation is sufficed if a buyer fills out an order form provided by the seller to potential customers, signs it, and sends it to the seller per fax with the aim of concluding a sales contract. The sales contract comes into existence upon acceptance of the order (and delivery) of the seller. The note "Forum and place of performance: Berlin" constitutes an exclusive jurisdiction agreement. In the absence of express reservations, the claimant expressed the necessary consent by sending the signed order form. However, because it had not yet been possible to hear the claimant regarding the produced signed order form, the Rechtbank grants the claimant a further period to prepare a submission.