Arrondissementsrechtbank Amsterdam, vonnis van 01/07/1992 Interlloyd Schadeverzekering Maatschappij NV e.a. / Sevasti Navigation Inc. en Marmaras Navigation Ltd
Decision by national courts in the field of European Union law — ECLI:NL:RBAMS:1992:AJ2717
Date: 1992-07-01
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81992NL0701(04)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The first defendant, a Liberian company, received goods in Liberia to be transported by ship to India. The goods were lost. The plaintiffs, a number of Dutch, French and Italian companies, hold the defendants jointly liable for the damage. The defendants dispute the jurisdiction of the Rechtbank Amsterdam (NL). They invoke a jurisdiction clause in the bill of lading for the court of the "principal place or business" of the carrier which is, according to the defendants, Piraeus (GR). The plaintiffs contest the applicability of the jurisdiction clause as the court having jurisdiction is not easily ascertainable.
The Rechtbank applies Dutch law to the question of the validity of the jurisdiction clause and its effect. The Rechtbank considers that the bills of lading should clarify the 'principal place of business' or that the carrier should, if asked, immediately answer the question on where his principal place of business is. None of these requirements has been met and therefore, the defendants cannot invoke, in a reasonable way, the jurisdiction clause. Additionally, the defendants argue that they should have been summoned before the Greek courts by virtue of Article 2 Brussels Convention. To determine the domicile of the defendants, the Rechtbank applies Dutch private international law according to Article 53 Brussels Convention. The conclusion is that the defendants have their domicile in Liberia. Therefore, the jurisdiction of the Rechtbank is not determined by the Brussels Convention. The Court assumes jurisdiction on the basis of the Dutch Code of Civil Procedure.