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20 Oct 2000, USA

Dear Dr. Ecommerce:

In which country does the court have to be approached when a company in one EU country does not pay the bill of the supplier from another EU country?

Regards

Saxena

Dear Saxena:

I asked my good friend and lawyer Corinna Schulze to help out with your question. She responds:

"First of all, when you have two business partners, they can of course agree upon a competent court in the general terms of their contract and this is what most companies do. According
to the Brussels Convention (which is applicable in this case) the
parties to any type of contract are free to designate the court before a case will be brought. The agreement must be either in writing or in a form which is usually accepted either by the parties or in international trade. Where parties to a contract have not contractually designated the competent court, the court action must be brought before the courts of the country where the defendant is domiciled."

All the best,

Dr. Ecommerce