PIL instrument(s)

Case number and/or case name

NV SNACK FOOD POCO LOCO v Kft TEAMCONCEPT HUNGARY - A.R. 1641/2007 - Kh. Kortrijk, 16 July 2007

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

15 July 2007

Appeal history

CJEU's case law cited by the court

Summary

The case relates to the alleged violation of a concession agreement granting exclusivity for the territory of Hungary. The claimant asks for provisional measures, most notably the dissolution of the contract. The claimant argues that the parties included a choice of court clause in their original agreement. The defendant is not present at the hearing. Article 26(2) requires the court to stay the proceedings as long as it is not established that the defendant had the opportunity to receive the summons in sufficient time. In this context Article 26(3) refers to Article 19 of the Service Regulation (1348/2000). The Court notes that there is no document proving that the summons reached the defendant. The Court considers that it is appropriate to stay the proceedings not only on the subject-matter of the case, but also on the matter of jurisdiction. The claimant requests an interim measure. Article 19(3) of the Service Regulation provides that, nothwithstanding Article 19(1) and 19(2), the judge may order provisional measures in case of urgency. Not enough evidence is put before the Court to prove the violation of the exclusivity or the urgency of the case. The Court decides to stay the proceedings.