A West German contractor, Peters, tendered for work in Kerkrade, the Netherlands, and commenced performance. He had omitted to inform the Zuid-Nederlandse Aannemers Vereniging (contractors association) of which he was a member, and to attend its ‘pre-tender meeting’. At that meeting a tender charge was determined which became due from Peters to the ZNAV according to its articles of association. Not being prepared to pay, he was sued in the District Court of 's-Hertogenbosch for the balance of his current account, to which he was also debited with his subscription fee of Dfl. 25,- for the current year.