Arrondissementsrechtbank Roermond, vonnis van 27/08/1992 F.H. Bertrand / Comptoir des Entrepreneurs SA
Decision by national courts in the field of European Union law — ECLI:NL:RBROE:1992:1
Date: 1992-08-27
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

81992NL0827(01)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
On the request of a French company, the President of the Rechtbank Roermond (NL) issued an order for the enforcement of an authentic instrument by which a person domiciled in France guaranteed the loans issued by that company to another company. The person who guaranteed the loan enters an appeal against the order, based on Article 50 and Article 36 Brussels Convention. He states that the enforcement of the authentic instrument in the Netherlands violates the Dutch public policy as the agreement did not accord to Dutch mandatory requirements providing that a married person cannot guarantee the loan of another person without the consent of his spouse. Further, he claims the staying of the current decision based on Article 38 Brussels Convention.
The Rechtbank rejects the arguments of the appellant. According to the Rechtbank, public policy can only be a ground for refusing the enforcement if the contents of the authentic instruments contain provisions which are contrary to public policy. The arguments presented in this case, however, deal with the way in which the agreement was concluded and therefore with the validity of the agreement. They should, therefore, be examined in the main proceedings rather than in an enforcement procedure. The Rechtbank rejects the request to stay the decision as Article 38 Brussels Convention was only written for cases involving an enforcement order of a judicial decision.