Case number and/or case name
NV Uratec v Thyssen Polymer GmbH - 2005/AR/297 - Antwerpen, 30 March 2006
Details of the court
Belgium, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph a
Date of the judgement
29 March 2006
CJEU's case law cited by the court
Summary
Where payment is asked, the judge has to determine the place of payment. The place of payment must be determined according to the applicable law. Article 4(1) of the European Contracts Convention refers to the country of the closest connection. Article 4(2) contains an assumption for the place of habitual residence of the party performing the characteristic performance. The characteristic performance of the complete cooperation-agreement must be determined, even if the claim is founded on only one of the obligations of this cooperation-agreement underlies the claim.
The Court dismisses the appeal and thereby confirms the judgment of the Commercial Court of Hasselt.
Short critique: For the facts of the case, see first instance decision. The courts correctly apply art. 5(1)(a) to a complex cooperation agreement between the parties.