Case number and/or case name
Dehaene Yvan BVBA v Fugafil-SAHAN GmbH - Gent, 7 May 2012
Details of the court
Belgium, Second Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1
SubParagraph b
Indent 2
Date of the judgement
06 May 2012
CJEU's case law cited by the court
Summary
The appellant was the commercial agent of the defendant, negotiating sales of “Fugafil” fabric for filter cloths on the Belgian market. The appellant seeks an indemnity for termination of contract and a goodwill indemnity from the defendant. The defendant contests the international jurisdiction of the Belgian courts.
The Ghent Court of Appeal confirms it has jurisdiction, as did the first judge, pursuant to Art. 5(1) Brussels I Regulation. The commercial agent’s services were provided in Belgium.
Short critique
This is a correct application of Art. 5(1)(b), second indent Brussels I Regulation to a commercial agency relationship.