EUPillar SA Les Matériaux Enrobés du Tournaisis v Renold Continental Limited

Summary

The plaintiff owns an asphalt plant. On 14 December 2010, the plaintiff ordered a bucket elevator from the defendant, which was delivered on 23 February 2011. On 25 October 2011, the two metal chains of the elevator broke. The defendant denies all responsibility. The plaintiff sued the defendant before the Commercial Court of Tournai to obtain the dissolution of the sales contract between the parties and damages in the amount of 428,919.89 EUR. The defendant contests the jurisdiction of the court and refers to its general terms and conditions printed on the back of the order confirmation of 15 December 2010 and the invoice of 18 February 2011. The Court decides first of all that the present case is indeed international and governed by the Brussels I Regulation. The parties have head offices in different Member States. It is true that the defendant has a subsidiary in Belgium, but this does not deprive the case of a foreign element – on the contrary, it adds to its international character. The Court then considers that the general terms and conditions of the defendant were not signed by both parties. They were sent to the plaintiff for the first time after the contract was made, and are therefore not enforceable as against the plaintiff. The metal chains sold by the defendant were delivered in Belgium at the seat of the plaintiff. Therefore, the courts of Tournai have jurisdiction in accordance with Art. 5(1)(b). Short critique The Commercial Court citesthe Salotti case, ECJ 14 December 1976, C-24/76, Estasis Salotti v. Ruewa, consideration 9, but does not give the reference of the case in its judgment.