PIL instrument(s)

Case number and/or case name

VOF O.A.M. v NV F. - Vred. Genk, 22 November 2011

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

21 November 2011

Appeal history

CJEU's case law cited by the court

Summary

On 22 January 2010 the Justice of the Peace of Genk issued a European payment order pursuant to Art. 12 of Regulation 1896/2006. According to form E, the order becomes enforceable if the defendant does not enter a defence within a reasonable time, i.e. 30 days from the service of the payment order. The defendant did not react within such time. The defendant then sought review of the order. According to Art. 6(1) of Regulation 1896/2006 jurisdiction is determined by Regulation 44/2001. Art. 5.1a) of Regulation 44/2001 grants jurisdiction to the courts of the Member State of the place where the contract is performed. Since the contract is performed in Genk, the Justice of the Peace of Genk has jurisdiction. The Court found that the fact that the invoices had been challenged did not amount to extraordinary circumstances which would justify a review. The order was therefore maintained. Short critique This case is concerned with a European order for payment which was issued for invoices for accountancy services. The Court applies art. 5(1)(a) while it seems this should actually be characterised as a contract for the provision of services which falls under art. 5(1)(b), second indent Brussels I.