PIL instrument(s)

Case number and/or case name

Mr H. v Mr N. - RG 09 AR 2111 - Bruxelles, 1 March 2013

Details of the court

Belgium, Second Instance

Articles referred to by the court

Date of the judgement

28 February 2013

Appeal history

CJEU's case law cited by the court

Summary

Mr. N. seeks to recover alleged claims he holds against Mr. H., according to several acknowledgments of debt signed by the latter. On 6 July 2006, Mr. N. brought an action before the court of first instance of Nivelles in payment of 2,602 EUR and 24,789.35 EUR, to be increased with a yearly default interest of 8% from 1st October 1994. The first judge upholds this claim. Mr. H. contests the international jurisdiction of the Belgian courts. Mr. H. is domiciled in the Grand Duchy of Luxembourg. Therefore, the courts of Luxembourg have jurisdiction pursuant to Art. 2 Brussels I Regulation. Art. 5(1)(a) Brussels I Regulation grants jurisdiction, in matters relating to a contract, to the courts for the place of performance of the obligation in question. Mr. N. argues that the obligations which lie at the basis of the dispute were incurred in Brussels, Belgium. Certainly, one of the acknowledgements of debt signed by Mr. H. mentions that it was drawn up in Brussels. However, the “obligation in question” is the obligation whose performance is sought by the claimant, i.e. the obligation to pay resting on Mr. H. Debts are payable at the debtor’s residence – in this case, Luxembourg. Mr. H.’s appeal is well founded. The Belgian courts do not have jurisdiction.