Arrondissementsrechtbank Rotterdam, vonnis van 04/02/1983 S.C. Johnson & Son Inc. / Mobilar Export Import GmbH
Decision by national courts in the field of European Union law — ECLI:NL:RBROT:1983:AB8651
Date: 1983-02-04
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81983NL0204(03)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff is vested in the US and the defendant is vested in Germany. In summary proceedings, the President of the Rechtbank Rotterdam (NL), prohibited the defendant from transporting and to marketing a parcel of aerosols in a number countries. Additionally, a payment by way of a penalty of NLG 10,000 has been imposed on the defendant for every offence of the prohibition as well as for every day that the offence continues. The plaintiff claims payment of the penalty because of an offence of the prohibition by the defendant. The defendant contests the jurisdiction of the court to hear the claim.
The Rechtbank Rotterdam (NL) considers that the jurisdiction of the president of the Rechtbank Rotterdam in summary proceedings was based on Article 24 Brussels Convention. Article 43 Brussels Convention requires the enforcement of a decision concerning a penalty payment when the courts in the state of origin have finally determined the amount of the payment. The court judges that a reasonable interpretation of Articles 24 and 43 Brussels Convention leads to jurisdiction of the court to determine whether the penalty has been forfeited and if so, to which amount.