Arrondissementsrechtbank Zwolle, vonnis van 01/02/1984 Firma L. van Dieren & Zonen e.a. / BRD Albingia Versicherungs AG
Decision by national courts in the field of European Union law — ECLI:NL:RBZWO:1984:1
Date: 1984-02-01
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81984NL0201(02)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiff, domiciled in the Netherlands, was sued by another party in the Rechtbank Zwolle (NL) for the damage of goods transported by the plaintiff, which were burned in a traffic accident in Germany. The plaintiff sues, in third party proceedings, the insurer of the person who, according to the plaintiff, caused the accident. The insurer, who is vested in Germany, disputes the jurisdiction of the court.
The court finds that the application of Article 6 (2) Brussels Convention is excluded in this case by Article 7 Brussels Convention. For, being a matter relating to insurance, it is not relevant whether the insurer’s defence is based on the contents of the insurance contract or on a denial of the liability of the insured, or whether there is no defence at all. The plaintiff also invokes Article 10 (1) Brussels Convention. However, the procedure in which the insurer is called is not between the injured party and the insured but rather between a third party and the injured. According to the court, there is no reason for an extensive interpretation of Article 10(1). The exceptions made in Title II, Section 3 of the Brussels Convention, to the principle that the defendant shall be sued in the courts of his domicile, aim at the protection of the insured as a weaker party against the insurer. It cannot be inferred, from the text of the Convention or from the explanatory report that the same protection is given to the injured party. E.g., the Convention allows the insured to sue the insurer in his own domicile but it withholds that possibility to the injured party (see Article 10 (2)).