The Belgian Supreme Court Sets Aside a Decision Whereby a Belgian Court Declares it Has No Jurisdiction on the Basis of a Recourse Filed by Paul Lefebvre
March 4, 2019 08:36 AM
The Belgian Supreme Court set aside a decision whereby a Belgian court declares it has no jurisdiction on the basis of a recourse filed by IADC member Paul Lefebvre, a partner at Hanotiau & van den Berg.
On February 8, 2019, the Supreme Court of Belgium set aside the decision of a Brussels judge deciding that litigations against the Irish Aviation Company Ryanair were to be judged before the Irish courts.
The Brussels judge ruled that he was without international jurisdiction in litigations against Ryanair since the general conditions of the low-cost company granted exclusive jurisdiction to the Irish courts.
The Belgian Supreme Court held that such an approach is in contradiction with the European legislation which imposes that a judge must not only examine whether the legal conditions under EU law for a valid forum prorogatum clause are fulfilled, but also whether such a clause is valid under the law where the court indicated by said clause is located.
The Brussels Court’s judgment did not examine the latter point and was, for that reason, annulled.