PIL instrument(s)

Case number and/or case name

B.-R. NV v. E. - 03/3474 - Kh. Hasselt, 12 November 2003

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

11 November 2003

Appeal history

CJEU's case law cited by the court

Summary

The claim relates to the unpaid purchase price of uncontested invoices issued by the Belgian seller to a French buyer. The general invoice conditions provide in Dutch only that the courts of the seat of the claimant, more precisely the courts of Hasselt, Belgium, have jurisdiction over disputes relating to the agreements whereto the invoices relate; and that the place of payment is Tessenderlo, Belgium. It has not been proven that the French counterparty knows and understands Dutch. The choice of forum clause therefore does not fulfil the requirements of Art. 23(1) and the Belgian courts do not have jurisdiction. Short critique This decision is in line with other Belgian case law which considers that the language of a choice of court clause is a validity requirement under Art. 23(1) Brussels I.