PIL instrument(s)

Case number and/or case name

Brems and Partners NV v. De Vreugd Willem Cornelis - 03/174 - Kh. Hasselt, 23 June 2004

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

22 June 2004

Appeal history

CJEU's case law cited by the court

Summary

The claim is related to the payment of invoices issued by a Belgian seller to a Dutch buyer. The delivery did not take place in Belgium. The theory that the court of the place of payment has jurisdiction, if and when the parties have agreed on another place of payment than the place of delivery and if the claim is based on the obligation of payment, goes against the aim of the Regulation to give competence to the court of the place of delivery for all claims related to a sale, unless parties have agreed on another place of delivery. For the sake of completeness, the Court adds that if a place of payment is indicated in the general conditions on the back of an invoice (in this case: Halen, Belgium), but a bank account in another country is indicated on the front (in this case: a Dutch bank account), payment is due in the latter country. The courts of Belgium do not have jurisdiction in this matter. Short critique The Court correctly applies Brussels I.