Rechtbank Rotterdam, uitspraak van 01/10/2008 296353 / HA ZA 07-2948
Decision by national courts in the field of European Union law — ECLI:NL:RBROT:2008:BG5272
Date: 2008-10-01
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82008NL1001(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
A extended a loan to the defendant and B. A assigned his claims under the loan contract to the plaintiff, who authorised A in the assignment contract to collect the debt in his own name. A brought an action before the court in Cartagena (ES) against the defendant and B based on the claims in the loan contract. The defendant and B were ordered in a final judgment to pay. The plaintiff brought action before the Rechtbank of Rotterdam (NL) against the defendant based on the claims in the loan contract. The defendant objected on the basis that the claims had already been finally adjudicated in Spain.
The Rechtbank of Rotterdam (NL) reviews whether the ruling of the court in Cartagena (ES) between the parties is a matter of res judicata. This requires that it be issued between the same parties, finally adjudicated, and recognisable in the Netherlands. The plaintiff was in fact not a formal party to the Spanish proceedings. However, A litigated the proceedings on the plaintiff's account and risk, and the interests of A and of the plaintiff are identical and inseparably bound with each other, meaning that the parties are to be viewed as factually the same. The Spanish ruling is to be recognised pursuant to Article 33 et sequitur Brussels I Regulation. Reasons to deny recognition are not apparent. According to the applicable Spanish rules of civil procedure, the ruling is also res judicata. The plaintiff is therefore bound by the Spanish decision. The Rechtbank rejects the action as inadmissible.