Judgment of the Court (First Chamber) of 16 July 2009 (Reference for a preliminary ruling from the Hoge Raad der Nederlanden - Netherlands) - Zuid-Chemie BV v Philippo's Mineralenfabriek NV/SA
(Judicial cooperation in civil and commercial matters - Jurisdiction and enforcement of judgments - Regulation (EC) No 44/2001- Definition of the 'place where the harmful event occurred')
Language of the case: Dutch
Referring court
Hoge Raad der Nederlanden
Parties to the main proceedings
Applicant: Zuid-Chemie BV
Defendant: Philippo's Mineralenfabriek NV/SA
Re:
Reference for a preliminary ruling - Hoge Raad der Nederlanden Den Haag - Interpretation of Article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ('Brussels I') (OJ 2001 L 12, p. 1) - Interpretation of the concept of 'the place where the harmful event occurred or may occur' - Place where the harmful event occurred - Place where the event which gave rise to the harm occurred ('Handlungsort') and place where the harm arose ('Erfolgsort') - Connecting criteria.
Operative part of the judgment
Article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that, in the context of a dispute such as that in the main proceedings, the words 'place where the harmful event occurred' designate the place where the initial damage occurred as a result of the normal use of the product for the purpose for which it was intended.
____________1 - OJ C 183, 19.7.2008.