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- Belgium 25 February District Court Hasselt (K BVBA v. BV) [translation available]
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It does not seem correct that the parties had not agreed on a place of delivery, as the goods were taken from the [Buyer] in Belgium, which implies that they had agreed on delivery "at factory". Therefore, the Belgian courts have jurisdiction for the claim for payment.
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Kuik of Eindhoven handed the [Buyer] the writ of summons on 12 December in order for the claim to be admissible the writ has been delivered to the [Buyer] in person and timely in order to give him the opportunity to defend himself. It can be assumed that the applicable law is the Vienna Sales Convention as the buyer and the seller both have their place of business in Member States to the Convention. Articles 74 and 78 of the Vienna Sales Convention provide for the principle of damages and interest charged on sums in arrears without determining the applicable interest rate.
In this regard, the [Seller] can rely on the lex contractus. The [Seller] was to perform the most characteristic performance and the parties have not agreed on the applicable law. One can therefore assume that the applicable law is Belgian law, which implies that the [Seller] justly invokes the Act of 2 August , specifically addressing arrears of payment in commercial transactions. Nevertheless, the [Seller] unjustly claims on the basis of this Act interest at The debates are reopened to allow the [Seller] to calculate the total amount of interest on the sums in arrears.
Belgium 25 February District Court Hasselt (K BVBA v. BV) [translation available]
Futhermore, the [Seller] unjustly claims compensation for legal costs since when compensation in the sense of article 6 1 is granted, no compensation for legal costs can be granted. The court holds, after deliberations, by default that the claim is admissible and partially allowed.
It also reopens the proceedings to allow the [Seller] to calculate the total amount of arrears interest and orders a hearing on 7 April at 9. The court also orders the [Buyer] to pay judicial interest determined by article 5 of the Act of 2 August specifically addressing arrears of payment in commercial transactions at this moment 9.
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The court also holds that the [Seller] is not entitled to compensation for legal costs, and declares the judgment to have immediate effect. For purposes of this translation, the Plaintiff of Belgium is referred to as [Seller] and the Defendant of Netherlands is referred to as [Buyer]. Official Journal C 27 of 26 January , Consolidated version.
Official Journal L 12 of 16 January , Official Journal L. Stellenbosch, South Africa. Having him ordered to pay the judicial interest at 9.