EUPillar T.V. v K.R. - Kh. Hasselt, 24 September 2014

Summary

Mr. R., the defendant, owns a butcher shop in Germany. The plaintiff exploits a slaughterhouse in Belgium. The defendant failed to pay 15 uncontested invoices in the total amount of 68,158.03 EUR. The plaintiff obtained a European order for payment which was notified to the defendant on 28 May 2013. The defendant lodged a statement of opposition to the order for payment with the court. At the hearing of 18 June 2014, the plaintiff adjusted its claim. The plaintiff now seeks 68,158.03 EUR plus 2,500 EUR in damages, plus late payment interests, plus the costs of the proceedings. The court accepts its jurisdiction on the basis of a choice of court clause in the general terms and conditions of the plaintiff. The parties had a longstanding commercial relationship so that the choice of court clause can be said to be in a form which accords with practices which the parties have established between themselves within the meaning of Art. 23(1)(b) Brussels I Regulation. Short critique This case is in line with other Belgian case law on the validity of choice of court clauses. See report for more information.