Case number and/or case name
NV T.B. v BV N.V. - Kh. Dendermonde, 26 May 2011
Summary
The claimant bought 16,875 kilos of frozen chicken fillets from the defendant, spread over several deliveries in November 2009. At the time of delivery, the chicken fillets were close to the use-by date. The claimant processed the chicken fillets to make sausages and then complained that the sausages had a rancid taste. The claimant now sues the defendant for damages in the amount of 51,186.25 EUR.
On the international jurisdiction of the Court
The defendant is domiciled in The Netherlands. However, the parties do not contest that the Belgian courts have jurisdiction because the place of delivery is situated in Belgium.
On the applicable law
The parties both agree that the CISG is applicable to their contract for the sale of goods. Belgium and The Netherlands are both contracting states.
Short critique
The Court applies Art. 5(1)(b) of the Brussels I Regulation, even though it does not explicitly mention which PIL rules it applies.