Although the Spanish authorities previously relied on this principle to reserve aircraft commander posts for their own nationals, they modified "Ley 48/1960, de 21 de julio, de Navegación Aérea" [Law 48/1960, of 21 July, on Air Navigation] on 17 April 1999 and now also allow nationals of other Member States to become captain and first officer of an aeroplane.

Although the Spanish authorities previously relied on this principle to reserve aircraft commander posts for their own nationals, they modified "Ley 48/1960, de 21 de julio, de Navegación Aérea" [Law 48/1960, of 21 July, on Air Navigation] on 17 April 1999 and now also allow nationals of other Member States to become captain and first officer of an aeroplane.

The Tribunal de Commerce, Créteil, therefore considered that it should decline jurisdiction in the proceedings brought by the insurers against Spliethoff's Bevrachtingskantoor BV and the Master of the vessel Alblasgracht V002 in favour of the courts of Rotterdam, Rotterdam being the place of performance of the obligation within the meaning of Article 5(1) of the Convention, or those of Amsterdam or of Sydney pursuant to Article 6(1) of the Convention, according to which a person who is one of a number of defendants may be sued before the courts for the place where any one of them is domiciled.

Réunion Européenne SA and Others v Spliethoff's Bevrachtingskantoor BV and Capitaine Commandant le Navire 'Alblasgracht V002'

The insurers, having paid compensation for the damage suffered by Brambi and been subrogated to that, brought proceedings to recoup their loss against RCC, Spliethoff's Bevrachtingskantoor BV, and, finally, against the Master of the vessel Alblasgracht V002, before the Tribunal de Commerce (Commercial Court), Créteil, in whose jurisdiction Rungis is situated.

Those questions arose in proceedings brought by nine insurance companies and, as lead insurer, the company Réunion Européenne (hereinafter 'the insurers'), which have been subrogated to the rights of the company Brambi Fruits (hereinafter 'Brambi'), whose registered office is in Rungis (France), against Spliethoff's Bevrachtingskantoor BV, whose registered office is in Amsterdam (Netherlands), and the Master of the vessel Alblasgracht V002, residing in the Netherlands, following the discovery of damage to a cargo of 5 199 cartons of pears delivered to Brambi, in the carriage of which the defendants were involved.