Hoge Raad, arrest van 27/06/2008 A., handelend onder de naam A. /B.
Decision by national courts in the field of European Union law — ECLI:NL:HR:2008:BD2007
Date: 2008-06-27
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82008NL0627(02)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The respondent, which has its seat in Belgium, obtained a default judgment against the applicant, which has its seat in the Netherlands, before the Rechtbank van Koophandel in Turnhout (BE). The Rechtbank of Leeuwarden (NL) issued a declaration of enforceability for the Netherlands on the judgment. After an unsuccessful appeal, the applicant lodged an appeal on a point of law to the Hoge Raad (NL) against the declaration of enforceability. It invoked Article 34(1) and (2) Brussels I Regulation on the grounds that its right to be heard had been violated.
The Hoge Raad (NL) dismisses the appeal. With regard to the grounds for refusal pursuant to Article 34(1) and (2) Brussels I Regulation, reference is made to the time of the declaration of enforceability. It is undisputed that the applicant lodged an objection to the default judgment, and that the judgment was confirmed upon rejection of the objection. At the time of the declaration of enforceability, the applicant was given an opportunity to be heard and could not invoke the grounds for refusal in Article 34(1) and (2) Brussels I Regulation.