EUPillar Drukkerij Baillien en Maris NV v Sheikh Orient Import GmbH - A.R. 06/1418

Summary

The case relates to unpaid invoices for printed materials. The general invoicing terms and conditions of the seller provide that the courts of the place where the claimant is established, have jurisdiction. The claimant proves that the parties had prior dealings apart from the invoice that underlies the present claim. The claimant argues that the printed materials were picked up by the buyer in Belgium. The defendant failed to enter an appearance. Under Belgian procedural law, written remarks sent by the defendant cannot be taken into account if he fails to attend the hearing (only written remarks by a lawyer might be valid on certain conditions). The Court pronounces a default judgment. The Court finds that the choice of court clause was in a form which accords with practices which the parties have established between themselves, based on the prior dealings between the parties. The fact that the general terms and conditions were in Dutch, does not influence its validity. Short critique The defendant is a German company. The court decides to accept the general terms and conditions of the claimant, even when they are drawn up in Dutch. This is contrary to the many other Belgian decisions (see report for more information).