EUPillar D.D. v Etablissements Brichart NV - C.07.0476.F

Summary

This case concerns the international sale of goods. The parties may deviate from the general rules of international jurisdiction under Article 5. Even if the goods are delivered in France, the Belgian courts can have jurisdiction to hear the case. The general conditions printed on the reverse side of the invoices stated that ‘any dispute will be settled by the Court of First Instance in Namur’. The plaintiff does not protest against the invoices and thus accepts the general conditions printed on the reverse side of the invoice tacitly. The plaintiff had numerous trade relations with the defendant and was therefore aware of these general conditions. The Court of Cassation confirms the decision of the Court of Appeal, relying on Article 23(1)(b) of the Brussels I Regulation: the Court of First Instance in Namur has territorial jurisdiction to hear the case. Art. 23(1)(a), (b) and (c) are alternative validity requirements, and not cumulative. Thus the appeal is dismissed. Short critique: We do not know more about the facts of the case because the Belgian Supreme Court only rules on points of law. The Supreme Court correctly confirms that prior dealings between the parties are required to establish the validity of general terms and conditions pursuant to Art 23(1)(b) Brussels I.