Distribution litigation is like playing tennis against Roger Federer: you have to make the point 3 times before you win it.
With a powerful serve, you have to convince the Court that your client is right and the other side is wrong. During the rally, you will have to ‘valorize’ your claim and your winning smash in the end will be the (successful) execution of the decision.
Most of the time, your client will be able to provide you with all necessary evidence to launch the serve. During the rally however, you will often notice you also need evidence which is in the hands of the adverse party. It can get complicated if this adverse party or the evidence itself is located in another European Member State.
Two recent cases in international distribution litigation under Belgian law show that after a good serve, you always have to wait for the return before cheering.
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