Rechtbank Arnhem, arrest van 01/07/1982 1980/217
Decision by national courts in the field of European Union law — ECLI:NL:RBARN:1982:1
Date: 1982-07-01
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81982NL0701(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The Dutch seller of movable goods claims payment by the German buyer. The buyer opposes the default judgment of 14 February 1980 in which the claim was awarded.
The Rechtbank Arnhem (NL) considers that in opposition proceedings the opposing party is to be regarded as the defendant. In the writ of summons, by which the opposition proceedings have been started, the defendant contests the plaintiff’s statements regarding the sales agreement, the general conditions, interests and costs before contesting the jurisdiction of the court. The Court rules that according to Article 18 of the Brussels Convention, the defendant cannot contest the jurisdiction of the court after having taken a position that shall be regarded under national procedural law as the first defence to the merits of the case. Article 154(2) of the Dutch Code of Civil Procedure requires that the defence that another court has jurisdiction shall be made before any defence to the merits of the case. In this case, this defence has been made too late and the court has jurisdiction by virtue of Article 18 Brussels Convention.