PIL instrument(s)

Case number and/or case name

D.I. NV v. R. - 03/3154 - Kh. Hasselt, 24 September 2003

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

23 September 2003

Appeal history

CJEU's case law cited by the court

Summary

The case relates to the unpaid purchase price of uncontested invoices for timber products issued by a Belgian seller to a Dutch buyer. The defendant fails to enter an appearance. The Court examines its international jurisdiction ex officio. The claimant argues that the courts of Tongeren have jurisdiction as opposed to the courts of Hasselt. The Court cannot solve the question of its internal jurisdiction without determining first its international jurisdiction. The claimant applied Art. 5(1) Brussels Convention; however, this dispute should be resolved according to the new Brussels I Regulation which entered into force on 1 March 2002. The Court reopens the debates so that the parties can present their arguments in relation to this new Regulation Short critique We do not know how this case was ultimately resolved.