Hof Amsterdam, uitspraak van 14/12/2006 441/06 KG
Decision by national courts in the field of European Union law — ECLI:NL:GHAMS:2006:213
Date: 2006-12-14
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82006NL1214(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, with its seat in Italy, delivered flowers to the defendant, with its seat in the Netherlands. After multiple invoices had remained unpaid, the plaintiff obtained a default judgment against the defendant from a court in Savona (IT), which was declared enforceable in the Netherlands by the Rechtbank of Amsterdam (NL). The defendant paid the specified claims with the exception of one part that it had already paid prior to the initiation of proceedings. It was disputed by the parties whether that payment should be calculated toward the specified invoices. The defendant issued interim proceedings before the Rechtbank of Amsterdam (NL) and demanded the repossessions executed by the plaintiff be nullified. The Rechtbank granted the request. The plaintiff appealed to the Gerechtshof of Amsterdam (NL). It submitted that the Rechtbank had reviewed the substance of the Italian judgment in contravention of Article 36 Brussels I Regulation by taking into consideration the payment issued prior to the initiation of proceedings.
The Hof of Amsterdam (NL) finds that to answer the question whether the plaintiff had lawfully repossessed the assets of the defendant, it must be determined whether the defendant had already completely fulfilled the specified claims. In doing so, the Italian judgment is reviewed neither with respect to procedural errors nor as to the substance of its factual or legal aspects. The defendant was not heard in the Italian proceedings. It cannot be deduced from the judgment that the court had knowledge of the partial payment underlying the instant dispute. Logically, it could not have decided on it. The Hof affirms the decision of the court of first instance and dismisses the appeal.