Cross-border contracts with consumers (b2c). Selling to consumers abroad: opportunities and legal pitfalls

18 Sep 2026

Cross-border trade offers Belgian businesses significant growth opportunities. Through an online shop, you can reach consumers in other European countries with little effort. But what if a foreign consumer does not pay an invoice? Can you sue them in Belgium? And is a clause in your terms and conditions designating Belgian law and the Belgian courts enough? Often not. European law protects the consumer as the economically weaker and legally less experienced party. As a result, the consumer generally benefits from the protection of the law and the courts of the country where they live. For Belgian businesses, this can have significant practical and financial consequences.

Which law applies?

In principle, the parties are free to decide which law governs their contract. A Belgian business can therefore choose Belgian law in its terms and conditions.

In consumer contracts, however, that choice is not unlimited.

Where a business directs its commercial activities to the country in which the consumer habitually resides, the choice of law may not deprive the consumer of the mandatory protection that the law of that country affords them.

A Belgian business that actively sells its products in France may, for example, choose Belgian law. The French consumer nevertheless retains the mandatory protection granted by French consumer law, to the extent that this protection goes further.

Where no law has been chosen, the contract is in principle governed by the law of the country where the consumer habitually resides. This follows from Article 6 of the Rome I Regulation.

Which court has jurisdiction?

Articles 17 to 19 of the Brussels I bis Regulation determine before which court a cross-border consumer dispute may be brought.

The rules favour the consumer:

• The consumer may sue the business before the courts of the Member State where the business is established, or before the court of their own place of residence.
• In principle, the business may sue the consumer only before the courts of the Member State where the consumer lives.

A Belgian business claiming payment from a consumer who lives in France will therefore usually have to sue that consumer in France.

When does a business “direct” its activities to another country?

The special protective rules apply, among other situations, where the business directs its commercial activities to the country where the consumer lives and the contract falls within those activities.

It is not enough that a website can also be accessed from abroad. There must be more. Elements that may play a role include:

• the business expressly advertises in the consumer’s country;
• the website mentions foreign customers or deliveries to that country;
• the business uses a country-specific domain name;
• the website offers adapted languages, prices, delivery options or contact details;
• the business runs targeted online campaigns in that country;
• the business lists international telephone numbers or itineraries from other countries.

No single element is always decisive on its own. The court assesses all circumstances together.

Even where a consumer contacts a Belgian business on their own initiative, further examination is needed. The decisive point is not who made the first contact, but whether the business directed its activities to that consumer’s country before the contract was concluded.

Can you choose a Belgian court in your terms and conditions?

A pre-drafted clause declaring the Belgian courts exclusively competent usually offers no solution against a foreign consumer.

Under Article 19 of the Brussels I bis Regulation, the protective jurisdiction rules may be departed from only in a limited number of cases:

• the parties make the agreement after the dispute has arisen;
• the agreement gives the consumer more options for choosing a court;
• the business and the consumer resided in the same Member State when the contract was concluded and designate the courts of that Member State, provided that the law of that Member State permits this.

A prior clause obliging the foreign consumer to litigate exclusively in Belgium can therefore, in principle, not be enforced against the consumer.

In addition, Article VI.83, 23° of the Belgian Code of Economic Law prohibits, within its scope of application, clauses that divert a consumer away from the courts designated by law. A prohibited unfair clause is void. In a cross-border dispute, however, this Belgian rule must be assessed together with the European jurisdiction rules.

What does this mean for your business?

A standard clause on Belgian law and Belgian courts does not eliminate the international risk.

If a foreign consumer does not pay, you may have to bring proceedings in their country of residence. This can entail additional costs for, among other things:

• a foreign lawyer;
• translations;
• service of documents and other procedural steps;
• follow-up and enforcement of the decision.

For uncontested claims or claims of up to and including €5,000, simplified procedures exist within the European Union, such as the European Order for Payment and the European Small Claims Procedure. These procedures can make recovery easier, but they do not remove every cost or enforcement risk.

Limit the risk before you deliver

The most effective protection often lies not in the terms and conditions, but in the payment structure.

Full payment in advance

Have foreign consumers pay when placing the order or before delivery. This is particularly suited to standard products and online sales.

A sufficiently high deposit

Before performance begins, ask for a deposit that at least covers your initial costs and services. State clearly when the balance falls due.

Staged payments

Link each instalment to a clearly defined phase. Only start the next phase once the previous invoice has been paid. This approach is particularly suited to services, custom work and long-term assignments.

A credit limit

Limit the amount that may remain unpaid at any given time. This prevents a single default from growing into a substantial claim.

These measures do not change which court has jurisdiction or which law protects the consumer. They do, however, limit the amount your business has to recover in the event of non-payment.

Cross-border debt recovery

Is a foreign consumer failing to pay? FAIRWAY will first examine:

• which court has international jurisdiction;
• which law governs the contract;
• whether the consumer disputes the invoice;
• which simplified European procedure is available;
• what costs the recovery involves;
• whether proceedings make economic sense;
• how a decision, once obtained, can be enforced.

FAIRWAY assists businesses with disputed invoices and cross-border debt recovery. Where necessary, we work with specialised law firms in the consumer’s country.

This way, you do not automatically opt for an expensive foreign procedure, but for the approach that is legally feasible and economically justified.