Arrondissementsrechtbank Middelburg, uitspraak van 10/03/2004 367/03
Decision by national courts in the field of European Union law — ECLI:NL:RBMID:2004:AO9034
Date: 2004-03-10
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82004NL0310(52)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The plaintiffs, persons domiciled in Belgium, are the owners of immovable property which lies partly in Belgium and partly in the Netherlands. The defendants use the part of the immovable property which lies in the Netherlands to access the public road. The plaintiffs claim that the defendants, persons domiciled in Belgium, be ordered to refrain from accessing and driving over the immovable property. In a counterclaim, the defendants claim that they have a right to cross over the immovable property in order to access the public road.
The Rechtbank Middelburg (NL) states that the proceedings relate to a right in rem in an immovable property which partly lies in the Netherlands and that the courts of the Member State in which the property is situated, have jurisdiction based on Article 22(1) Brussels I Regulation. As regards the counterclaim the court assumes jurisdiction based on Article 6(3) Brussels I Regulation.