PIL instrument(s)

Case number and/or case name

BVBA J.M. v E.M. D.O.O. - Antwerpen, 15 June 2009

Details of the court

Belgium, Second Instance

Articles referred to by the court

Date of the judgement

14 June 2009

Appeal history

CJEU's case law cited by the court

Summary

The case concerns a distribution agreement signed on 13 August 2003. This agreement included a written choice of court clause granting jurisdiction to the courts in Kranj, Slovenia. However, Slovenia only became an EU Member State on 1 May 2004. The appellant argues that the Court of appeal has jurisdiction and that Belgian law applies to the contract at issue. According to the case law of the European Court of Justice, when a State accedes to the European Union, the law of the European Union becomes immediately and fully applicable in that state. According to Art. 66 Regulation 44/2001, the Brussels I Regulation applies to the legal proceedings instituted after the entry into force of this Regulation. The Court of Appeal considers the service to be the start of the legal proceedings, regardless of when the contract was signed. In the present case, the service was effected on 2 October 2006, i.e. after the entry into force of the Brussels I Regulation in Slovenia. When a rule of the Regulation conflicts with a (mandatory) national rule, the Regulation prevails. Finally, the exclusive jurisdiction under Art. 23(1) excludes the applicability of the non-exclusive jurisdiction under Art. 2 and 5(1). Therefore the Court of Appeal finds that it lacks jurisdiction, as did the first judge. The appeal is therefore not allowed. Short critique The Court correctly applies the principles underpinning Brussels I.