Netherlands 21 November 1990 District Court Dordrecht (E.I.F. v. Factron)
[Cite as: http://cisgw3.law.pace.edu/cases/901121n1.html]
Primary source(s) for case presentation: F. De Ly; Michael R. Will; Unilex abstract
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 2762/1989
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: France (plaintiff)
BUYER'S COUNTRY: Netherlands (defendant)
GOODS INVOLVED: Textiles
APPLICATION OF CISG: Yes [Article 1(1)(b)]
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue: Article
Classification of issues using UNCITRAL classification code
numbers:
Descriptors:
EDITOR: Albert H. Kritzer
At the time the contract was concluded, the CISG was in effect
in seller's country (France), but
not in buyer's country (Netherlands). Ruling that French law governs,
the
tribunal termed the CISG applicable
pursuant to Article 1(1)(b).
Notice of lack of conformity. At issue was the timeliness of a notice of lack of conformity.
Referring to Article 39(1), the court stated that
the parties shall be allowed to prove or disprove whether there was a
compliance with its provisions.
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
English: Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=32&step=Abstract>
Italian: Diritto del Commercio Internazionale (1994) 848-849 No.
28
CITATIONS TO TEXT OF DECISION
Original language (Dutch): Nederlands Internationaal Privaatrecht (NIPR) 1991 No. 159 [214]; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=32&step=FullText>
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
English: [2004] S.A. Kruisinga, (Non-)conformity in the 1980 UN Convention on Contracts for the International Sale of Goods: a uniform concept?, Intersentia at 181Classification of issues present
Editorial remarks
Citations to case abstracts, texts, and commentaries
CITATIONS TO ABSTRACTS OF DECISION
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Commercial Law - Last updated November 10, 2004