EUPillar M. Schetter and Schetter Editeur SPRL v. Antinea Productions SAS

Summary

The first appellant, Mr. Schetter, is the author of comic books titled “Cargo”, which are published by the second appellant SPRL Schetter Editeur. The respondent created and edited a magazine called “Cargo Zone” from June 2007 until April 2008. After its informal requests were refused, the appellant sued the respondent before the President of the Commercial Court of Brussels in order to stop it from using the title Cargo Zone, on the basis of the Belgian Act on Trade Practices and Consumer Protection (“Trade Practices Act”). The President of the Brussels Commercial Court declined its jurisdiction, since the respondent is a company seated in France. The Court of Appeal considers that claims which are based on the Trade Practices Act fall within the scope of Art. 5(3) Brussels I. When an unfair trade practice has been committed or produces its effects on Belgian territory, the author of that unfair trade practice can be sued before the competent Belgian Commercial Court. The appellants show that the magazine “Cargo Zone” was sold in Belgium and that the Cargo Zone website is accessible in Belgium. Therefore, the Belgian courts have jurisdiction. Short critique