Globachem N.V. v. Distriphytos SARL - A.R. 06/2014 - Kh. Hasselt, 21 June 2006
Details of the court
Belgium, First Instance
Articles referred to by the court
Brussels I
Article 3
Paragraph 1
Article 5
Paragraph 1
SubParagraph a
Paragraph 1
SubParagraph b
Indent 1
Paragraph 1
SubParagraph b
Indent 2
Paragraph 1
SubParagraph c
Paragraph 2
Paragraph 3
Paragraph 4
Paragraph 5
Paragraph 6
Paragraph 7
SubParagraph a
Paragraph 7
SubParagraph b
Article 26
Paragraph 1
Date of the judgement
20 June 2006
Appeal history
None
CJEU's case law cited by the court
None
Summary
The court has jurisdiction, based on Art. 5 of the Brussels I, because the contractual place of delivery is located in Belgium (the goods were never actually delivered).
Short critique
The Court correctly applies Art. 5(1)(b), first indent Brussels I.