Arrondissementsrechtbank Assen, vonnis in kort geding van 10/07/1992 Bellmann Interholding BV / NV Kredietbank
Decision by national courts in the field of European Union law — ECLI:NL:RBASS:1992:AH4870
Date: 1992-07-10
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81992NL0710(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, a Dutch company, claims in summary proceedings the payment of a bank guarantee and other costs from the defendant, a Belgian company. The parties disagree on the jurisdiction of the President under Article 24 Brussels Convention.
The President rejects the statement of the plaintiff that he has jurisdiction on the basis of Article 24 Brussels Convention. According to the President, Article 24 extends the jurisdiction of courts to take decisions on provisional measures and Dutch summary proceedings are to be seen as leading to such measures, but the plaintiff cannot be allowed to freely and randomly approach courts within any Member State for such measures. Such an interpretation of Article 24 Brussels Convention would compromise the closed system of jurisdictional grounds of the Brussels Convention to a large extent. Therefore, the President interprets Article 24 Brussels Convention in such a way that, besides the court dealing having jurisdiction as to the main proceedings, only the court of the place where a requested provisional measure is to take effect can assume jurisdiction. If the measure is to take effect in one Member State, the legal order of another Court is not closely enough connected, in relation to the first State, to justify taking such a measure. As the claim in the present case is for the payment of money that is to take place in Belgium, the President refuses jurisdiction.