Rechtbank Amsterdam, uitspraak van 02/10/2008 406801 / KG ZA 08-1680 WT/PvV
Decision by national courts in the field of European Union law — ECLI:NL:RBAMS:2008:BF5221
Date: 2008-10-02
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82008NL1002(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The defendant, seated in Germany, had attached three condominiums in Amsterdam (NL) belonging to the plaintiff as collateral for various claims. The plaintiff, seated in Amsterdam, requested in interim proceedings before the Rechtbank of Amsterdam (NL) that one of the attachments be lifted. The defendant disputed the jurisdiction of the Rechtbank.
The Rechtbank of Amsterdam (NL) finds that it does not have jurisdiction under Article 31 Brussels I Regulation because the lifting of a provisional attachment of this kind does not constitute a provisional or protective meaure. Insofar as the court does not already have jurisdiction under Article 22(5) Brussels I Regulation, it does in any case have jurisdiction pursuant to Article 5(3) Brussels I Regulation. The action is based on a claim of the plaintiff sounding in tort or delict for the partial release of attached properties. The place where the harmful event occurred is in Amsterdam, as the attached property to be released and the domicile of the attachment debtor are both located in Amsterdam. The Rechtbank declares itself as having jurisdiction and grants the request.