PIL instrument(s)

Case number and/or case name

H. NV v. V. BV - 04/406 - Kh. Hasselt, 17 March 2004

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

16 March 2004

Appeal history

CJEU's case law cited by the court

Summary

The claim relates to an unpaid purchase price. The invoice terms and conditions provide that the invoice is subjected to the general conditions of sale and delivery (cf. catalogue). The general terms and conditions contain a jurisdiction clause in favour of the commercial court of Hasselt, Belgium. Other transactions between the parties than the one subject to the current dispute have been proven. However, when the general terms and conditions do not appear on the documents common to the parties (here: the invoices), but refer to other support (here: a catalogue), this does not constitute a form which accords with practices which the parties have established between themselves. The requirements of Art. 23 are not fulfilled. The Court re-opens the debates to allow the claimant to present evidence as to another legal basis of jurisdiction which may grant jurisdiction to the Belgian courts.