PIL instrument(s)

Case number and/or case name

Corrien Exports BV v. NV VG Recycling - 04/788 - Kh. Mechelen, 18 November 2004

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

17 November 2004

Appeal history

CJEU's case law cited by the court

Summary

The Court denies the validity of the jurisdiction clause invoked by the defendant (original claimant). There were no regular commercial relations between the parties able to establish a practice between them in the sense of Art. 23(1) Brussels I Regulation. The forum selection clause in the general conditions of the defendant (original claimant) is not enforceable as against the appellant. The Court applies Art. 5(1)(b). The Court infers from the correspondence of the appellant that the delivery took place, or at least should have taken place, at the seat of the defendant, where the goods had to be loaded by the appellant. The seat of the defendant is located in the district of Hasselt, Belgium. Therefore, the local courts of Hasselt have jurisdiction and not the commercial court of Mechelen. Short critique From the limited factual information we have, it seems the Court correctly applies the Brussels I Regulation, including the principle that Art. 5(1)(b) directly designates the courts of the place within a Member State that have jurisdiction. The Belgian courts have international jurisdiction, but on the domestic level a different court than the forum court has territorial jurisdiction.