PIL instrument(s)
Brussels I
Case number and/or case name
Drukkerij Baillien en Maris NV v. C.P.F. Landgraaf - 03/3326 - Kh. Hasselt, 8 December 2004
Details of the court
Belgium, First Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1 SubParagraph b Indent 1
Article 26
Paragraph 1
Date of the judgement
07 December 2004
Appeal history
None
CJEU's case law cited by the court
None
Summary
The defendant failed to enter an appearance. The court examines its jurisdiction ex officio in accordance with Art. 26(1) Brussels I Regulation. The claim relates to unpaid for printed materials done by a Belgian printer for a Dutch client. The goods were picked up by the buyer. The effective place of delivery and the Belgian courts have jurisdiction (Art. 5(1)(b) in conjunction with Art. 3(1) and 1(1) CISG). Short critique The Court correctly takes the factual place of delivery of the goods into account. The reference to certain provisions of the CISG is superfluous in this regard.

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