Gerechtshof 's-Hertogenbosch, arrest van 24/02/1981  # Llambes SA / Curator in het faillissement van Brisa NV
Decision by national courts in the field of European Union law — ECLI:NL:GHSHE:1981:AC7166
Date: 1981-02-24
Based on: Provisional data
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81981NL0224(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The appellant is a Spanish company. The defendant is the liquidator of a bankrupt Belgian company. The appellant applied for a court declaration from the Rechtbank 's-Hertogenbosch (NL) stating that he is the owner of certain goods. In addition, he made two claims. The first claim, against a Dutch company that had the goods in storage, was for handing over the goods to him as the owner of the goods ("revindication") and for an allowance to enforce the seizure that was previously made to the goods. The second claim, against the liquidator (who contests that the appellant is the owner), was to ensure that the goods are handed over to the appellant. During the proceedings, the parties agreed to sell the goods (apparently, to reserve the profit for the party that wins in the proceedings) and the proceeding against the Dutch company was withdrawn. The court refused jurisdiction for the claim against the liquidator.
In appeal, the Hof 's-Hertogenbosch (NL) considers that one cannot speak in this case about a "main claim" against the liquidator and a "secondary claim"
against the Dutch company. The Rechtbank had jurisdiction when the proceedings were instituted and this jurisdiction continues to exist after the claim against the Dutch company was withdrawn. When making the agreement on selling the goods, the parties could have discussed in which court the proceedings would continue and the liquidator could have stipulated that this should be the Belgian court. As he consented with the cancellation of the seizure without making such a stipulation, it cannot be said that he "was removed from the jurisdiction of his own court".