Hoge Raad, uitspraak van 28/11/2008 07/12703
Decision by national courts in the field of European Union law — ECLI:NL:HR:2008:BF1886
Date: 2008-11-28
Subject matter: Brussels Convention of 27 September 1968
Origin: Netherlands

82008NL1128(52)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The respondent X, domiciled in Germany, contracted A to deliver a shipment of cameras from Rotterdam (NL) to Langenfeld (D). A subcontracted to claimant Y, domiciled in the Netherlands, who further subcontracted to B, who further subcontracted to C, who actually carried out the performance. During transport, the cameras were stolen. Y sought a judicial declaration from the Rechtbank of Rotterdam (NL) that she not be liable for damages to A, B, and C. The declaration was granted in September 2006. X was sued by the insurer of the contracting party in subrogation and found liable for damages suffered. In turn, X sued Y for damages before the Landgericht of Düsseldorf, and in January 2006 Y was found liable. The judgment of the Landgericht of Düsseldorf was declared enforceable in the Netherlands. Y appealed the declaration of enforceability to the Rechtbank of Rotterdam. Y alleged the declaration of enforceability contravenes Article 34(3) Brussels I Regulation because the judgment of the Landgericht of Düsseldorf was irreconcilable with the judgment of the Rechtbank of Rotterdam. Furthermore, Y argued that A and X should be regarded as the same party. Their interests are inextricably linked with each other, as A had assigned its claims to X and X had authorized A to subrogate to the claims. The Rechtbank dismissed the complaint as unfounded. Y then appealed on a point of law to the Hoge Raad (NL) under Article 44 of Brussels I Regulation.
The Hoge Raad finds that the decision depends on how the phrase "between the same parties" in Article 34(3) Brussels I Regulation is to be interpreted. It is also unclear whether the application of Article 34(3) Brussels I Regulation requires that the judgment issued in a Member State already has the force of res judicata at the time of the declaration of enforceability. The Hoge Raad stays the proceedings and sends a request for a preliminary ruling on a question of law to the ECJ.