PIL instrument(s)

Case number and/or case name

C. BVBA v. G. - AR 03/592 - Kh. Hasselt, 19 February 2003

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

18 February 2003

Appeal history

CJEU's case law cited by the court

Summary

The claim relates to unpaid invoices for the sale of textiles by a Belgian buyer to a Dutch seller. The defendant fails to enter an appearance. The Court examines its jurisdiction of its own motion. The Court wonders whether the place in a member state where, under the contract, the goods were delivered or should have been delivered, as mentioned in Art. 5(1)(b) Brussels I Regulation, must be conceived as the final place of delivery of the goods or as the place where the goods legally had to be delivered, under the law of obligations. The Court reopens the debates so that the parties can submit their position on this question. For a short critique see later decision by the Hasselt Commercial Court in this case of 16 April 2003.