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Case C-189/08: 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 )
ECLI:EU:UNKNOWN:62008CA0189
62008CA0189
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Official Journal of the European Union
(Case C-189/08) (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’)
2009/C 220/18
Language of the case: Dutch
Referring court
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.