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Case Details

Case Details
National ID link
Member State Belgium
Common Name link
Decision type Other
Decision date 03/05/2010
Court Arrondissementsrechtbank (Court of first instance, Brussels)
Subject
Plaintiff
Defendant
Keywords

Unfair Contract Terms Directive, Article 2 Unfair Contract Terms Directive, Article 3, 1. Unfair Contract Terms Directive, Article 3, 2. Unfair Contract Terms Directive, Article 3, 3.

The court must control of its own motion whether any of the clauses in a consumer contract is unfair, also at the time when it examines its own territorial jurisdiction. A jurisdiction clause that allows the plaintiff to summon the defendant before the courts of Brussels is not unfair as it does not create a significant imbalance between the seller (having its registered offices in the adjacent province) and its customers throughout the country, because Belgium is not very large and Brussels is located centrally and easily accessible.
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