Case number and/or case name
Horeca Omer Daniels BVBA v. J.J.V. Poelmans - 04/4450 - Kh. Hasselt, 22 December 2004
Details of the court
Belgium, First Instance
Articles referred to by the court
Brussels I
Article 22
Paragraph 1
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Date of the judgement
21 December 2004
CJEU's case law cited by the court
Summary
Mr. Poelmans entered an appearence at the introduction hearing. He put up a substantive defence without contesting the international jurisdiction of the Belgian courts. The hearings were postponed at his request. He failed to enter an appearance at the subsequent hearing. The Court decides Art. 24 applies in this case and that the international jurisdiction of the courts of Belgium has been confirmed.
Short critique
This is one of the rare published cases where the court accepts jurisdiction pursuant to Brussels I. (Possibly because the courts do not always mention Brussels I when all parties agree and no objections as to jurisdiction are raised.)