Rechtbank Middelburg, uitspraak van 25/02/2008 61034/KG ZA 08-8
Decision by national courts in the field of European Union law — ECLI:NL:RBMID:2008:BD2178
Date: 2008-02-25
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82008NL0225(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The claimant, domiciled in the Netherlands, had granted the defendant, domiciled in France, a loan. As part of the loan agreement, the defendant obliged himself to obtain a mortgage over land in France. In interim proceedings before the Rechtbank of Middelburg (NL), the claimant demanded the payment of instalments already due and procurement of the failed mortgage. The claimant referred to an agreement as to jurisdiction in the loan agreement in favour of the Rechtbank. The defendant countered, arguing that jurisdiction over the mortgage stands in contradiction to Article 22 Brussels I Regulation.
The Rechtbank of Middelburg (NL) confirms that the mortgage application concerns a right in rem over property situated in France. According to Article 23(5) and 22(1) Brussels I Regulation the agreement as to jurisdiction is in this regard not applicable. The Rechtbank declares that it has no jurisdiction, insofar as the procurement of a mortgage is demanded. For the rest, the court allows the claim.