PIL instrument(s)

Case number and/or case name

2008/261 and 2008/496 (Joined cases) - Veenhuis Machines BV v SA Joskin Machines Agricoles and SA Joskin Machines Agricoles v Veenhuis Machines BV, Broekx SA and M. H. Vanbuel - Liège, 14 October 2010

Details of the court

Belgium, First Instance

Articles referred to by the court

Date of the judgement

14 October 2014

Appeal history

CJEU's case law cited by the court

Summary

The first judge decides it lacks jurisdiction over Joskin’s claim insofar as it seeks the conviction of Veenhuis outside of Belgian territory. He only accepts its jurisdiction insofar as the claim seeks Veenhuis’ conviction in Belgium. The first judge decides that Joskin’s claim is well founded and issues an injunction to stop Veenhuis from distributing the counterfeited distributors on the Belgian market. DECISION OF THE COURT OF APPEAL International jurisdiction of the Belgian courts In matters relating to tort, delict or quasi-delict, Art. 5(3) of the Brussels I Regulation grants jurisdiction to the courts for the place where the harmful event occurred or may occur. The defendant may be sued, at the option of the plaintiff, either in the courts for the place where the damage occurred or in the courts for the place of the event which gives rise to and is at the origin of that damage. The courts for the place where the damage occurred have jurisdiction to rule solely in respect of the harm caused in the State of the court seised. The fact that Joskin suffers financial damage in Belgium because of acts that were perpetrated abroad does not justify the jurisdiction of the Belgian courts. The term “place where the harmful event occurred” cannot be construed so extensively as to encompass any place where the adverse consequences can be felt of an event which has already caused damage actually arising elsewhere (cf. Marinari, C-364/93, para. 14). Joskin argues that several infringing acts took place in Belgium as well, most notably at the agricultural fair “Agribex” in Brussels. It is true that the Belgian courts have jurisdiction over these acts, only the courts for the place of the origin of the damage – i.e. The Netherlands – have jurisdiction over all aspects of the case and the full damages. SHORT CRITIQUE