Gerechtshof 's-Gravenhage, arrest van 11/10/1994 Kommanditgesellschaft in firma Deco-Line, Peter Determann KG en Peter Determann / Van Uden Maritime BV, handelend onder de naam Van Uden Africa Line
Decision by national courts in the field of European Union law — ECLI:NL:GHSGR:1994:AH4788
Date: 1994-10-11
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81994NL1011(02)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
In summary proceedings before the President of the Rechtbank of Rotterdam (NL), the plaintiff, a Dutch company, claimed payment by two German companies, the defendants, in relation to an agreement for loading space aboard ships. The defendants disputed the jurisdiction of the President. The President accepted jurisdiction, with reference to Article 24 Brussels Convention, on the basis of Dutch law. The defendants appealed against this decision. According to them, the President had no jurisdiction as the judgment can only take effect in Germany because they have assets only in Germany.
According to the Hof 's-Gravenhage (NL), Article 24 Brussels Convention requires that the case has a sufficiently close connection with the Netherlands. The President judged that such a connection exists because in the future the plaintiff may find assets in the Netherlands belonging to the defendants that will allow them to enforce the judgment. The Hof rules, however, that in order to accept jurisdiction in this matter it needs to be sufficiently clear at the time of his decision that the measures may be given effect in the Netherlands. Therefore, the Hof overturns the judgment of the President.