Rechtbank Rotterdam, uitspraak van 19/09/2007 264896/HA ZA 06-1916 en 265072/HA ZA 06-
Decision by national courts in the field of European Union law — ECLI:NL:RBROT:2007:BB7424
Date: 2007-09-19
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82007NL0919(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The transport company A, seated in Germany, contracted the transport company X, seated in the Netherlands, to transport a container with leather jackets from Rotterdam (NL) to B, seated in Essen (DE). X subcontracted the transport company Y, seated in the Netherlands. During transport, a portion of the cargo was stolen. The damages were covered by the insurance company C. C filed for damages against A before the Landgericht of Hamburg (DE). A successfully motioned to give notice to X and Y of the dispute. X and Y each brought respective actions against A and B before the Rechtbank of Rotterdam (NL), seeking declaratory relief to the effect that the statutes of limitations on any possible claims for damages against them have already expired, or alternatively, that they were liable only up to the limits placed by Articles 23 and 25 CMR. The proceedings before the Rechtbank of Rotterdam (NL) were combined. A and B, based on Article 28 Brussels I Regulation, requested a stay of proceedings until the Landgericht of Hamburg issue its ruling. In addition, they motioned to give notice to C of the dispute.
The Rechtbank of Rotterdam (NL) dismisses the request for a stay of proceedings. It does not address whether Article 28 Brussels I Regulation is at all applicable to CMR cases. In any event, it does not find that the requirements have been fulfilled or that a stay would be convenient. In that regard, it is controlling that the application of German versus Dutch law under Article 29 CMR leads to very different results, which apparently instigated the plaintiffs X and Y to file their pending requests for declaratory relief. The proper administration of justice does not require waiting for the decision in the German proceedings to be announced before the Dutch judge may make his ruling. The Rechtbank grants the motion to give notice to C.