Case number and/or case name
H. NV v. F. BV - 03/2347 - Kh. Hasselt, 18 June 2003
Details of the court
Belgium, First Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Indent 1
Paragraph 1
SubParagraph b
Indent 2
Article 23
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Paragraph 1
SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Date of the judgement
17 June 2003
CJEU's case law cited by the court
Summary
The claim relates to unpaid invoices for the delivery hardware and software and internet hosting services. The general invoice conditions confer jurisdiction to the courts of Hasselt, Belgium.
The claimant fails to establish a practice between the parties and a longstanding commercial relationship.
The Court decides that the services were performed in Belgium and the goods delivered in Belgium. The courts of Belgium have jurisdiction.
Short critique
The court has to deal with a mixed contract for the sale of goods and the provision of services. The court does not characterise this contract, but looks at both parts of the contract separately. Since jurisdiction lies in Belgium for both the sale of goods and the provision of services, the characterisation of the contract as one type or the other would not have impacted the outcome in this particular case.