PIL instrument(s)

Case number and/or case name

K. BVBA v. I. BV - 04/79 - Kh. Hasselt, 25 February 2004

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

24 February 2004

Appeal history

CJEU's case law cited by the court

Summary

The claim relates to an unpaid purchase price for finished rolls of carpet. The claimant invokes Art. 5(1)(a) and believes that the obligation to pay – i.e. the obligation in question in the claim – had to be performed in Belgium. The claimant also believes the parties had not agreed on a place of delivery. The Court corrects the claimant. In the presence of a sales agreement, for every claim thereto related the courts of the place of delivery of the goods have jurisdiction. The Court considers that the parties did agree on a place of delivery: the goods had been picked up at the seller’s place of business in Belgium, which implies that they agreed on a delivery “ex works”. The result is the same: the courts of Belgium have jurisdiction for the claim for payment. Short critique The Court correctly applies Brussels I.