PIL instrument(s)

Case number and/or case name

BVBA Acro Bedding v. BV A.I. Baltimore Waterbedden - 2004/AR/1760 - Antwerpen, 13 April 206

Details of the court

Belgium, Second Instance

Articles referred to by the court

Date of the judgement

12 April 2006

Appeal history

CJEU's case law cited by the court

Summary

Since the general terms and conditions of the seller, which contain a choice of court clause, were printed on a large number of invoices, including the invoices on which the claim is based, the party must be assumed to have had knowledge of these terms and conditions. Since he has never contested them, he is assumed to have consented. The clause was concluded in a form that was allowed by the practice between the parties. Short critique The court in first instance considered that a considerable number of invoices issued by one party is not sufficient to establish a practice between the parties if only one actual delivery took place. The Court of Appeal disagrees.