PIL instrument(s)

Case number and/or case name

Acro Bedding BVBA v. A.I. Baltimore Waterbedden BV - 03/4591 - Kh. Hasselt, 19 May 2004

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

18 May 2004

Appeal history

CJEU's case law cited by the court

Summary

The invoices issued by the claimant to the defendant contain general term and conditions on the back, including a forum selection clause conferring jurisdiction to the courts of Belgium. The claimant avers that the defendant must have known this forum selection clause, because of the long-standing commercial relationship between the parties. There are no trade practices between parties if there has only been one delivery. One delivery is insufficient to assume the acceptance by the buyer of the general terms and conditions on the back of an invoice. The delivery took place in The Netherlands. Art. 5(1) cannot grant jurisdiction to the Belgian courts either. Short critique See Court of Appeal decision (Antwerpen, 13 April 2006)