Arrondissementsrechtbank Amsterdam, vonnis van 09/12/1992 Dvorak / BHL International Spedition GmbH
Decision by national courts in the field of European Union law — ECLI:NL:RBAMS:1992:4
Date: 1992-12-09
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81992NL1209(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, a person domiciled in the Netherlands, concluded an agreement for the transport of goods from Amsterdam (NL) to Krefeld (DE) with the defendant, a German company. The plaintiff claims damages for the non-compliance by the defendant with his obligations arising from the agreement. The defendant disputes the jurisdiction of the Rechtbank Amsterdam (NL) stating firstly that according to Article 2 and 5(1) Brussels Convention only the German Courts have jurisdiction and in the second place that the parties had agreed, in the sense of Article 17, on jurisdiction for the court in Emmerich (DE) which therefore has exclusive jurisdiction. Finally, the defendant disputes any jurisdiction of the Court based on the Convention on the Contract for the International Carriage of Goods by Road (CMR). The plaintiff states that the Brussels Convention is not applicable and that the Rechtbank Amsterdam has jurisdiction based on Article 31(1) (b) CMR.
The Rechtbank follows the plaintiff and concludes that the Brussels Convention is not applicable pursuant to Article 57 Brussels Convention. The Rechtbank accepts jurisdiction on the basis of the CMR.