Netherlands 7 June 1995 District Court 's-Gravenhage (Smits v. Jean Quetard)
[Cite as: http://cisgw3.law.pace.edu/cases/950607n1.html]
Primary source(s) for this case presentation: F. De Ly; Michael R. Will; Unilex abstract
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 94/0670
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Netherlands (plaintiff)
BUYER'S COUNTRY: France (defendant)
GOODS INVOLVED: Apple trees
APPLICATION OF CISG: Yes [Article 1(1)(a)]
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue: Articles
Classification of issues using UNCITRAL classification code
numbers:
38A1 [Time for examining goods: buyer's obligation to examine
goods as soon as practicable in the
circumstances];
39A1 ; 39A2 [Requirement to notify seller of lack of conformity:
notice must specify nature of non-conformity; Notice must be provided within
reasonable time]
EDITORS: Franco Ferrari and Albert H. Kritzer
The CISG was in effect in the countries of the parties at the
time the contract was concluded.
Issues ruled upon:
Choice of law: The choice of the law of a Contracting State was held to make the CISG the governing law of the contract.
Examination of the goods/Notice of lack of conformity. In a suit for
payment of the price for a purchase of
apple trees and for interest and damages, the amount of seller's claim
was not disputed. However, buyer
defended and counterclaimed alleging that "third parties were not
satisfied
with the quality of the trees and that
a number of them had to be destroyed because they were infected."
Buyer's claim and counterclaim were
disallowed for lack of evidence of timely examination of the goods as
required by Article 38, and because buyer
failed to indicate when and how he complied with the Article 39
requirement
that he provide timely notice of
the lack of conformity.
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
English: Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=154&step=Abstract>
Italian: Diritto del Commercio Internazionale (1997) 740 No. 153
CITATIONS TO TEXT OF DECISION
Original language (Dutch): Nederlands Internationaal
Privaatrecht (NIPR) 1995 No. 524 [687]; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=154&step=FullText>
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
English: Ferrari, International Legal Forum (4/1998) 138-255 [194 n.485 (definition of "goods"), 217 n.714 (choice of law of Contracting State)]; Honnold, Uniform Law for International Sales (1999) 81 [Art. 6 (choice of law)]; CISG-AC advisory opinion on Examination of the Goods and Notice of Non-Conformity [7 June 2004] (this case and related cases cited in addendum to opinion); [2004] S.A. Kruisinga, (Non-)conformity in the 1980 UN Convention on Contracts for the International Sale of Goods: a uniform concept?, Intersentia at 8, 181Classification of issues present
Editorial remarks
Citations to case abstracts, texts, and commentaries
CITATIONS TO ABSTRACTS OF DECISION
Pace Law School Institute of International
Commercial Law - Last updated November 10, 2004