Case number and/or case name
BVBA Caravan Expo v. SA Pilote - 2001/AR/18 - Gent, 10 May 2004
Details of the court
Belgium, Second Instance
Articles referred to by the court
Brussels I
Article 23
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Paragraph 1
SubParagraph c
Date of the judgement
09 May 2004
CJEU's case law cited by the court
Summary
The case relates to the (wrongful) termination of an exclusive distribution agreement. The international jurisdiction of the court as well as the subject-matter of the case are in dispute. The original grantor has been absorbed by a new company, Pilote SA.
Pilote SA argues that the Belgian courts lack jurisdiction, on the basis of Arts. 2 and 5(1) of the Brussels Convention and the choice of court clause included in the distribution agreement of 7 January 1968, which confers jurisdiction to the courts of Bayreuth in Germany. The Court of Appeal agrees and applies Art. 23(1) Brussels I Regulation (previously: Art. 17 Brussels Convention). The Belgian courts lack jurisdiction.
Short critique
The initial proceedings before the Court of First Instance were initiated on 24 May 1995. The first judgment dates from 6 January 1999. The appellant lodged an appeal against this judgment on 3 January 2001, before the entry into force of the Brussels I Regulation. Brussels I is therefore not applicable to this case.