PIL instrument(s)

Case number and/or case name

Archivision Lim BVBA v. Jan Lieuwma Vormgeving BV - 04/4741 - Kh. Hasselt, 16 February 2005

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

15 February 2005

Appeal history

CJEU's case law cited by the court

Summary

The court applies the first hypothesis of Art. 23 Brussels I Regulation. A forum selection clause can take different forms. Where a choice of forum clause is included in the general conditions on the reverse side of a signed contract, the signed text must refer explicitly to the general conditions on the back. No explicit reference is needed to the forum selection clause itself, taking into account the frequency of such a clause in the general conditions, especially in international transactions. Since this is the case here, the clause is valid and enforceable against the defendant. The Belgian courts have jurisdiction. Short Critique The court correctly applies Brussels I and in particular the Segoura case of the ECJ, but without expressly referring to this case law.