An ordinary dispute pertaining to goods lost during international road transport, opposing TNT Express Nederland to the German company Axa, is what initiated this judgment. Axa had launched action for compensation in August 2004 before a German judge, but the carrier TNT, which had already lodged a declaratory action in May 2002 before a Dutch Court of Appeal, since the court had rejected its action, argued Article 31(2) of the 1956 CMR convention on international carriage of goods by road to plead pendency of proceedings. The Landgericht of Munich rejected the plea and found TNT at fault, Axa applied for enforcement of this judgment in the Netherlands based on the provisions of Regulation (EU) n° 44/2001.
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