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GAV FACTS That reference was made in the context of proceedings involving four German insurance companies, namely Gothaer Allgemeine Versicherung AG, ERGO Versicherung AG, Versicherungskammer Bayern-Versicherungsanstalt des offentlichen Rechts and Nurnberger Allgemeine Versicherungs-AG ('the insurers'), and also Krones AG ('Krones'), a German company insured by them, against Samskip GmbH ('Samskip'), a German subsidiary of the company Samskip Holding BV, a transport and logistics undertaking founded in Iceland and established in the Netherlands, concerning the delivery by Samskip of a brewing installation to a purchaser, Cerveceria Cuauthemoc Monezum ('the recipient'), a Mexican undertaking. The dispute involves an action for compensation brought before the German courts by the insurers and Krones concerning damage allegedly caused to that installation during transport. The Belgian courts, including the Hof van beroep te Antwerpen (Court of Appeal, Antwerp, Belgium), had dismissed as inadmissible similar actions brought before them on the ground that the bill of lading, drawn up on 13 August 2006, the date on which Samskip took delivery of the installation in Antwerp (Belgium), contained a contractual clause ('jurisdiction clause') stating that any dispute arising thereunder was to be decided by Icelandic courts according to Icelandic law. The recipient and the insurers brought the matter before the Belgian courts by an action lodged on 30 August 2007 and requested that Samskip appear before the Rechtbank van koophandel te Antwerpen (Antwerp Commercial Court) on 16 October 2007. That court ruled in favour of the insurers and the recipient, but the Hof van beroep te Antwerpen revised that judgment by its judgment of 5 October 2009, by which it declared itself 'to have no authority to hear and decide the case'. In its reasons for judgment, the Hof van beroep te Antwerpen held that the recipient was not entitled to bring proceedings on the basis of the contract of carriage. The insurers did have the right to institute proceedings as successors in title to Krones, but they were bound by the jurisdiction clause contained in the bill of lading. Under point 2 of the clauses therein, the Icelandic courts have exclusive jurisdiction, and for that reason the Belgian courts have no authority to hear and decide the case. That judgment has become final. The Landgericht Bremen observes that, in Samskip's submission, the actions are inadmissible inasmuch as the judgment of the Hof van beroep te Antwerpen of 5 October 2009 produces legal effects
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