Rechtbank Middelburg, uitspraak van 05/01/2007 55219 KG 238/2006
Decision by national courts in the field of European Union law — ECLI:NL:RBMID:2007:AZ8242
Date: 2007-01-05
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82007NL0105(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The claimant, domiciled in Austria, operates a shipping company. The defendants, domiciled in the Netherlands, operate a business with ocean-going vessels. In 1995, the parties concluded a contract on the common acquisition and operation of ocean-going vessels. The contract contained a jurisdiction clause in favour of the courts in Vienna (AT). The defendants gave a shipyard in Romania the assignment to build 10 ocean-going vessels. The shipyard in Rumania failed to fulfil its obligations. The defendants initiated arbitration proceedings against the shipyard in the Netherlands, which ended with an arbitration award. The claimant demanded the production of a transcript of the arbitration award from the defendants in an interim procedure before the Rechtbank of Middelburg (NL). The claimant alleged that the ships ordered by the defendants were part of the contractual collaboration, and as a result of the shipyard’s violation of the contract, the claimant had also suffered damages. The defendants raised objections to the court’s jurisdiction and referred to the clause on jurisdiction.
The Rechtbank of Middelburg (NL) determines that both Parties refer to one contract, which contains a jurisdiction clause within the meaning of Article 23 Brussels I Regulation. Austrian judges therefore have exclusive jurisdiction. A different decision could only arise under Article 31 Brussels I Regulation. The production of a transcript of a decision does not however represent a provisional or protective measure in the meaning of Article 31 Brussels I Regulation. Because the defendants expressly contested the court’s jurisdiction, this lack of jurisdiction may not be remedied through defence without challenge. The Rechtbank declares that it does not have jurisdiction.