PIL instrument(s)

Case number and/or case name

Best Food BVBA v. Van Es - 05/505 - Kh. Hasselt, 23 March 2005

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

22 March 2005

Appeal history

CJEU's case law cited by the court

Summary

The case is concerned with the recovery of unpaid invoices. The defendant failed to enter an appearance. The claimant asks for a default judgment confirming the international jurisdiction of the Belgian courts, in accordance with a choice of forum clause contained in general invoice conditions. The court confirms its jurisdiction, since the defendant signed two of those invoices and paid another one voluntarily, and is therefore bound by the choice of forum clause. Short critique The Court correctly applies Brussels I. The Court does not mention whether it refers to Art. 23(1)(a) or (b). Usually, the validity of a choice of court clause included in the general terms and conditions of one of the parties is examined under Art. 23(1)(b), but in this case the invoices were issued by one party and signed by the recipient, so that we believe this is actually an agreement in writing within the meaning of Art. 23(1)(a) Brussels I.