PIL instrument(s)

Case number and/or case name

Electronic Apparatus NV v. Pewamat Electronic GmbH - 04/1608 - Kh. Hasselt, 18 March 2004

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

11 May 2004

Appeal history

CJEU's case law cited by the court

Summary

The defendant failed to enter an appearance. The Court examines its jurisdiction of its own motion, in accordance with Art. 26(1). The claim relates to uncontested invoices issued by a Belgian seller to a foreign buyer. The claimant presents a copy of its general invoice conditions – which include a forum selection clause in favour of the courts of Hasselt, Belgium – in Dutch and also in English. However, the front side of the invoices is in German, the language of the recipient. The Court wonders whether there is a German version of the general conditions of the seller and re-opens the debates so the parties can present their evidence on this point. Short critique 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(1)(b) Brussels I.