PIL instrument(s)
Brussels I
Case number and/or case name
GT MANAGEMENT bvba v. POLYCAR - C.08.0559.F - Cass., 12 October 2009
Details of the court
Belgium, Third Instance
Articles referred to by the court
Brussels I
Article 5
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b Indent 1
Paragraph 1 SubParagraph b Indent 2
Paragraph 1 SubParagraph c
Date of the judgement
11 October 2009
Appeal history
CJEU's case law cited by the court
None
Summary
The disputed agreement relates to the renting of seats in a football stadium in Liège. According to the Court of Cassation this agreement should be classified as a contract for the provision of services and not for the delivery of tangible goods. Therefore the rule on the provision of services in Article 5(1)(b) of the Brussels I Regulation applies for purposes of jurisdiction – and not Art. 5(1)(a) as claimed by the Court of Appeal. The Belgian courts of Liège have jurisdiction. Short critique The correct characterisation of the claim is of paramount importance in private international law, as shown by this case.

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