PIL instrument(s)

Case number and/or case name

E-Max NV v. P. GmbH - 03/3758 - Kh. Hasselt, 19 November 2003

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

18 November 2003

Appeal history

CJEU's case law cited by the court

Summary

The claim relates to the payment of uncontested invoices for made-to-measure aluminium profiles delivered by the claimant to the defendant. The Court considers this is an international sales of goods pursuant to Art. 3(1) CISG. The general invoicing terms and conditions of the claimant provide that the agreement is governed by Belgian law and that the courts of Hasselt have exclusive jurisdiction. The claimant does not rely on the choice of court clause. The general invoice conditions further provide that the payment of the goods shall take place by wire transfer to the bank account specified by the seller. On the front side of the invoice, the account number of one Belgian and one Dutch bank are given. The Court reopens the debates to allow the claimant to establish whether the goods have been delivered or picked up in Belgium. Only in that case the Belgian courts will have international jurisdiction. It is not true the parties can derogate from Art. 5(1)(b) by agreeing on a different place of payment. Moreover, the general terms and conditions were drawn up in Dutch. The Court considers that general terms and conditions which were drawn up in a different language than the language of the recipient do not fulful the requirements of Art. 23 Brussels I. For a short critique see subsequent judgment of the Rechtbank van koophandel te Hasselt - Commercial Court of Hasselt of 4 February 2004