C_2008183EN.01001301.xml

19.7.2008

Official Journal of the European Union

C 183/13

Reference for a preliminary ruling from the Hoge Raad der Nederlanden, lodged on 8 May 2008 — Zuid-Chemie B.V. v Philippo's Mineralenfabriek N.V./S.A., at present PMF Productions

(Case C-189/08)

(2008/C 183/25)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Appellant: Zuid-Chemie B.V.

Respondent: Philippo's Mineralenfabriek N.V./S.A.

Questions referred

(a)

Which harm is, in the case of unlawful conduct such as that which forms the basis for Zuid-Chemie's claim, to be treated as the initial harm resulting from that conduct: the harm which arises by virtue of the delivery of the defective product or the harm which arises when normal use is made of the product for the purpose for which it was intended?

(b)

If the latter is the case, can then the place where that harm arose be treated as ‘the place where the harmful event occurred’ within the meaning of Article 5(3) of Council Regulation (EC) No 44/2001 (1) of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters only if that harm consists of physical harm to persons or goods, or is this also possible if (initially) only financial harm has been incurred?

(1) Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1).