An Internet decided in March 2008 to buy two tickets for the Grand Prix Formula 1 Monaco via the website edited by The Ticket Enterprise Netherlands BV for a total of 881 € paid by credit card. However, the tickets delivered by the seller did not correspond : They only allow access to training sessions and in no way in the race itself. The seller then reimburses the Internet. However, it decided in January 2009 to assign the editor posted on the site (a French branch "Easy Grand Prix Tickets France") before the District Court of Neuilly to claim the sum of 4074 euros in damages and interests.
First entered an injunction, the court by order of February 25, 2009 declared itself incompetent in favor of the trial court which issued its ruling June 24, 2009 and this with a default of appearance of the defendant. TI condemned the French branch at 2000 € in damages and 1000 € under Article 700.
The publisher's official site, the Dutch company, decided to appeal the ruling and raised, first of all a plea of lack of territorial jurisdiction to the courts of Rotterdam under the conditions subscribed by the user or, failing that, under Article 2 of Regulation 44/2001 of 22 December 2000. In addition, the company notes that it was recognized as a consumer to the Internet, requesting the application of Article 16 of Regulation Community only empowers the court of the domicile of the user, either the District Court of Nantes.
Thus, for the Dutch company, is the jurisdiction of local courts or judges Rotterdam (General Conditions and Art. 2 of the Regulation) or judges of the Court of Instance, Nantes (art. 16 of the Regulation).
But the Court of Appeal of Versailles did not see eye to eye. On general conditions, the Court observed that Dutch society:
"does not establish that the conditions on which it relies and a copy of which it pays to debates was published Aug. 5, 2009, were brought to the attention of the [Internet] purchase made during his March 31, 2008 and are opposable, while the latter produces a copy of 'terms and conditions contained on the home pages of the website EASY GRAND PRIX FRANCE TICKET to the date of July 17, 2008 whose contents are different from those provided by the appellant.Regarding the quality of the user, that judges are also it:
"concluded the purchase in question for a purpose outside his trade or profession of a merchant property, has the capacity of consumer meaning 'the terms and conditions "above the 17 July 2008 and August 5, 2009 and Articles 15 et seq of the Regulation (EC) No 44/2001 of 22 December 2000 invoked by the appellant "And then noted that:
" the provisions of these articles are without prejudice however, to those of Article 5 paragraph 5 of the Regulations that, if s' acts in a dispute regarding the operations of a branch, agency or other establishment 'means a person domiciled in a Member State may be sued in another Member State, 'the court's location, such agency or branch "Thus the Court, disputes formed by the individual" are well on the activity of the 'online shop selling' that THE TICKET ENTERPRISE operates in France under the name EASY GRAND PRIX FRANCE TICKET 'offices with 168 avenue Charles de Gaulle in Neuilly sur Seine' "and under these conditions The District Court of Neuilly was indeed competent.
Regarding the responsibility of Dutch society, the Court of Appeal of Versailles is a default under the contract of sale, the Company has:
"breached its contractual obligation to Mr A having, as she does not dispute, delivered to last of the tickets that do not correspond to the order, that having paid the price for these tickets, it also necessarily recognized the reality of that failure "she upheld the liability of Dutch society but taking into account also the fault of the individual who had " failed to check in time the date stated on the tickets which would have revealed the error in question and, as the trial judge aptly stated, if not get new tickets in accordance with his request, at least to avoid travel to Monaco . "The Court of Appeal upheld the conviction to 2000 € in damages.
Source: CA Versailles, 10.20.2010, The Ticket Enterprise Company v. Mr. A. (unpublished)
Author: Benoit Tabaka - http://tabaka.blogspot.com 
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