Rechtbank Breda, kanton Breda, vonnis van 07/09/1982 2029/81
Decision by national courts in the field of European Union law — ECLI:NL:RBBRE:1982:AJ1749
Date: 1982-09-07
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81982NL0907(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
In the main proceedings, a transport company vested in The Netherlands demands payment from a company vested in Germany for performed transports of fruit from Rotterdam to Bologna. The German company contests the court's jurisdiction in an incidental claim.
The Rechtbank Breda (NL) considers that the Convention on the Contract for International Carriage of Goods by Road (CMR) is among the conventions to which Article 57 Brussels Convention refers and that the jurisdiction rules of these conventions take priority over those of the Brussels Convention. The Court bases its jurisdiction on Article 31 (1)(b) CMR and turns down the incidental claim.