EUPillar Josephina Jongen, Robert Schoepen and Others v Telstar BV and BV Briljant Classics - 2011/AR/1433

Summary

The case relates to the infringement of copyright and related rights. The first judge rejected the claim for an injunction to cease the infringement. The acts denounced by the heirs of singer Bobbejaan Schoepen took place on Belgian territory, outside any agreement or contract, more particularly in Ostend where a few disputed CDs were bought. The Court considers it has jurisdiction on the basis of Art. 5(3) Brussels I Regulation. The claimants could also have sued the defendants before the courts of The Netherlands, where they are domiciled. The question whether there exists a valid agreement which would justify the disputed acts, belongs to the substance of the case. This question does not enter into account to determine the international jurisdiction of the court. The choice of court clause included in the agreement is not taken into account either for the same reason. Pursuant to Art. 4(2) of the Bern Convention, Belgian law is applicable The Court grants the claim of the heirs and orders the defendants to cease the production and sale of the CDs in question, as well as all related and promotional materials. Short critique The court correclty applies art. 5(3) Brussels I.