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The present decision only deals with the jurisdiction of the Dutch District Court Oost-Brabandt over a dispute between a Dutch seller and an Italian buyer under the EU's Brussels Ibis (or Brussels I (recast)) Regulation. The main issue was whether the seller's standard terms that contained a forum selection clause had been validly agreed upon between the parties under Art. 25(1) of the Brussels Ibis Regulation. In assessing whether an "agreement" on the forum selection clause had been reached by the parties, the Court (in para. 15 of the decision) rejected the application of the CISG (although both parties had based their arguments on the CISG), holding that Art. 25(1) of the Brussels Ibis Regulation has not only to be autonomously interpreted, but also provides the standards for the existence of such an agreement, thus displacing the CISG's contract formation rules [in Arts. 8, 14–24 CISG].

(It should be noted that most courts – including most Dutch courts – have in the past taken the opposite view and have readily applied Arts. 8, 14–24 CISG to the formation of forum selection agreements, including in the frequent constellations in which the formal validity of such agreements was governed by Art. 25(1) of the Brussels Ibis Regulation.)