Rechtbank ’s-Hertogenbosch, uitspraak van 24/08/2007 162045/KG ZA 07-483 Realchemie Nederland B.V. / Bayer Cropscience Deutschland Gmbh
Decision by national courts in the field of European Union law — ECLI:NL:RBSHE:2007:BB2320
Date: 2007-08-24
Subject matter: Judicial cooperation in civil matters
Origin: Netherlands

82007NL0824(51)_ENG_SUMJURE
JURE SUMMARY
JURE SUMMARY
The defendant, domiciled in Germany, obtained an interim order against the claimant, domiciled in the Netherlands, before the Landgericht of Ravensburg (DE) without oral hearing. The claimant was sentenced to the payment of procedural costs, and a decision on the assessment of costs was issued, which was confirmed as a European enforcement title by the Landgericht of Ravensburg (DE) on the basis of Regulation (EC) 805/2004. The claimant lodged appeals in Germany against the confirmation, which were unsuccessful. In interim proceedings before the Rechtsbank of Hertogenbosch (NL), the claimant demanded that the defendant be refused compulsory enforcement of the decision on the assessment of costs. The claimant based its argument on the fact that Article 34(2) Brussels I Regulation stands in conflict with a compulsory enforcement as their right to a legal hearing was infringed.
The Rechtbank of Hertogenbosch (NL) decides that a prohibition of compulsory enforcement according to the ordinary jurisprudence of the Hoge Raad (NL) only comes into consideration if the case concerns an obviously incorrect decision or the interests of the debtor would be damaged in disproportionate measure. Article 34(2) Brussels I Regulation does not conflict with enforcement of the decision on the assessment of costs because the claimant did not lodge an appeal against the order and the decision on the assessment of costs although that would have been possible. Accordingly, the claimant cannot rely on Article 34(2) Brussels I Regulation. The Rechtbank dismisses the claim.