Case number and/or case name
N.N.A.H. v. BV B.F.S. - Rb. Tongeren, 9 June 2011
Details of the court
Belgium, First Instance
Articles referred to by the court
Date of the judgement
08 June 2011
CJEU's case law cited by the court
Summary
By its action, the claimant seeks the release of an attachment in the hands of third parties.
The defendant invokes the lack of jurisdiction of the court, since the contested attachment measure is an action in the exercise of state authority, to which states enjoy an exclusive right on the basis of their national sovereignty.
This is confirmed by Art. 22(5) Brussels I Regulation; pursuant to which “in proceedings concerned with the enforcement of judgments, the courts of the Member State in which the judgment has been or is to be enforced have exclusive jurisdiction.”
The Belgian courts lack jurisdiction.
This is a correct application of Art. 22(5).