PIL instrument(s)

Case number and/or case name

Houtbedrijf Kerkhofs BVBA v. RPH Rheydter Parketthandels GmbH - 04/4426 - Kh. Hasselt, 24 November 2004

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

23 November 2004

Appeal history

CJEU's case law cited by the court

Summary

The claimant, a Belgian seller, has sold several lots of parquet floorboards to the defendant, a German buyer, and issued about five (uncontested) invoices – three of which have been paid. The general conditions on the invoice provide that, unless otherwise agreed, the buyer needs to pick up the goods in the warehouse of the seller. The Court applies Art. 5(1)(b) Brussels I Regulation. The Belgian courts have jurisdiction. Short critique The court correctly applies Brussels I.