Case number and/or case name
D.B. NV v. B. - 03/4305 - Kh. Hasselt, 3 December 2003
Details of the court
Belgium, First Instance
Articles referred to by the court
Brussels I
Article 5
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
02 December 2003
CJEU's case law cited by the court
Summary
The defendant fails to enter an appearance. The court examines its jurisdiction of its own motion.
The claim relates to invoices for the unpaid purchase price of printed materials executed by the Belgian printer. The general invoice conditions provide that all disputes shall be settled by the courts of the place where the supplier is established.
The choice of forum clause included in the general terms and conditions of the seller was drawn up in Dutch. The claimant pretends that the German buyer knew and understood Dutch, but fails to prove this.
The court assumes, because of the absence of proof to the contrary, that the goods were picked up in Belgium. The Belgian courts have jurisdiction pursuant to Art. 5(1)(b).
Short critique
The Court correctly applies Art. 5(1)(b) Brussels I by looking at the factual place of delivery.
This decision is in line with other Belgian case law which considers the language of a choice of court clause to be a validity requirement under Art. 23 Brussels I.