PIL instrument(s)

Case number and/or case name

BiBA GmbH v House of Fraser (Stores) Ltd - Comm. (réf.) Bruxelles, 28 June 2013

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

27 June 2013

Appeal history

CJEU's case law cited by the court

Summary

Art. 5(3) Brussels I Regulation confers jurisdiction, in matters relating to tort, to the courts of the place where the harmful event occurred or may occur. Therefore, the courts of Brussels have jurisdiction over the case opposing BiBa to House of Fraser, a British company which offers goods with the trademark BiBA on its website www.houseoffraser.co.uk, whose activities are directed to Belgium, among others. It is possible for persons resident in the Benelux countries to order goods from the House of Fraser website. The URL’s houseoffraser.be and houseoffraser.nl redirect the internet user to the main website houseoffraser.co.uk. Short critique The President of the Brussels Commercial Court refers to the Pammer and Hotel Alpenhof case of the CJEU (C-585/08 and C-144/09). However, that case is concerned with the interpretation of Art. 15 Brussels I and does not apply to Art. 5(3). Compare with the A. and Les Opéras en plein air v. SPRL Trait d’esprit of the Brussels Court of Appeal of 27 September 2012.