PIL instrument(s)

Case number and/or case name

NV T. v. T. - Kh. Gent, 18 February 2004

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

17 February 2004

Appeal history

CJEU's case law cited by the court

Summary

The claimant seeks the payment of outstanding invoices in the amount of 11,703.53 EUR plus interests. The claimant had sold 2,500 kg of soil conditioner to the defendant. The defendant raises objections as to the international jurisdiction of the court. The defendant is domiciled in The Netherlands. The claimant retorts that the exception as to jurisdiction must be raised in limine litis, i.e. before any other defense. However, the international jurisdiction is a matter of public policy and objections can as such be raised at any point during the proceedings. The Brussels I Regulation entered into force on 1 March 2002 (cf. Art. 76). Since the proceedings were initiated on 23 January 2003, the Brussels I Regulation is applicable. Pursuant to Art. 5(1)(b) Brussels I, in the case of the sale of goods, the courts for place in a Member State where, under the contract, the goods were delivered or should have been delivered have jurisdiction. It appears from the written agreement between the parties, d.d. 1 July 1997, that all deliveries took place ex works in Brussels, Belgium. The Belgian courts have jurisdiction. Short critique The Commercial Court of Ghent correctly applies the Brussels I Regulation.