EUPillar BVBA International Music Productions (IMP) v. BV Digidance

Summary

The appellant is the holder of neighbouring rights on songs called “Holiday” and “Love of my life”. These songs were reproduced on compilation CDs, allegedly in violation of the appellant’s rights. The first judge withheld its jurisdiction, but dismissed the appellant’s claim. The parties had concluded a distribution agreement for the pressing and distribution of CDs on 29 September 2005, to which the appellant had put an end on 28 September 2007 by letter of 26 February 2007. The respondent nevertheless published those two songs on compilation CDs of its own. The distribution agreement included a choice of court clause in favour of the courts of Rotterdam, The Netherlands. The first judge had relied on this choice of court clause to decline its jurisdiction. However, this choice of court clause is not relevant. The court must examine its jurisdiction on the basis of claim as formulated in the document instituting the proceedings. The infringement proceedings are not related to the distribution agreement of 29 September 2005. The claim is concerned only with the breach of the appellant’s neighbouring rights, which is a matter relating to tort. Art. 5(3) Brussels I Regulation confers jurisdiction on the courts for the place where the harmful event occurred. The breaches were identified in Antwerp. The President of the Court of First Instance as well as the Antwerp Court of Appeal have jurisdiction. Short critique: the Court correctly applies the principle that it must examine its jurisdiction on the basis of claim as formulated in the document instituting the proceedings.