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CISG Article 78: Endless disagreement among
commentators, much less among the courts

Francesco G. Mazzotta
July 2004

Appendix 11

NETHERLANDS

Courts

Arrondissementsrechtbank District Court
Gerechshof District Court of Appeals
Hoge Raad Supreme Court

1. Hoge Raad, September 13, 1991, available at <http://cisgw3.law.pace.edu/cases/910913n1.html>.

Original language:     
Translation:
Dutch
Unavailable

2. Arrondissementsrechtbank Arnhem, February 25, 1993, available at <http://cisgw3.law.pace.edu/cases/930225n1.html>.

Original language:     
Translation:
Dutch
Unavailable

Unilex abstract:

"The seller was entitled to payment of the purchase price plus interests under Art. 78 CISG."

3. Arrondissementsrechtbank Roermond May 6, 1993, available at <http://cisgw3.law.pace.edu/cases/930506n1.html>.

Original language:     
Translation:
Dutch
Unavailable

Unilex abstract:

"The seller was entitled to interest under Art. 78 CISG, accruing from the date when payment was due which, in the absence of an agreement between the parties, was the date of delivery of the goods (Art. 58 CISG). As Art. 78 CISG does not determine the rate of interest, the Court applied the Dutch private international law rules which led to the law of Italy and as such to the Italian statutory interest rate."

4. Arrondissementsrechtbank Arnhem, December 30, 1993, available at <http://cisgw3.law.pace.edu/cases/931230n1.html>.

Original language:     
Translation:
Dutch
Unavailable

Unilex abstract:

"The buyer was condemned to pay the purchase price plus a contractual penalty for late payment, as well as interest under Art. 78 CISG. The Court held that it was reasonable to apply German law in order to determine the rate of interest since the price was to be paid in German currency and the law applicable to the contract in the absence of CISG was German law."

5. Arrondissementsrechtbank Hertogenbosch, February 4, 1994, available at <http://cisgw3.law.pace.edu/cases/940204n1.html>.

Original language:     
Translation:
Dutch
Unavailable

6. Arrondissementsrechtbank Amsterdam, June 15, 1994, available at <http://cisgw3.law.pace.edu/cases/940615n1.html>.

Original language:     
Translation:
Dutch
Unavailable

Unilex abstract:

"Furthermore the seller was entitled to interest since the buyer had failed to pay the price (Art. 78 CISG). As Art. 78 CISG does not determine the rate of interest the Court, on the basis of Art. 7(2) CISG, applied the Dutch private international law rules which led to the law of Denmark."

7. Arrondissementsrechtbank Zutphen, April 27, 1995, available at <http://cisgw3.law.pace.edu/cases/950427n1.html>.

Original language:     
Translation:
Dutch
Unavailable

8. Arrondissementsrechtbank Almelo, August 9, 1995, available at <http://cisgw3.law.pace.edu/cases/950809n1.html>.

Original language:     
Translation:
Dutch
Unavailable

Unilex abstract:

"As to the question of interest, since CISG does not determine the rate of interest, the Court stated that the rate was to be determined according to the law of the country where the price was to be paid (in this case German law as the law of the country where the seller had its place of business) (Art. 57(1)(a) CISG)."

9. Gerechtshof Arnhem, August 22, 1995, available at <http://cisgw3.law.pace.edu/cases/950822n1.html>.

Original language:     
Translation:
Dutch
Unavailable

Editorial remarks:

"The Appellate Court upheld the following ruling of the District Court. "[Seller] also claimed interest is due according to CISG Article 78. Because the rate of interest has not been arranged in the CISG, a rate of interest should be paid in a reasonable amount according to German law, Section 288 BGB (4%)". The basis of this conclusion is said to be "because the payment has been agreed in Germany currency and moreover, besides the CISG, German law is applicable."

10. Gerechtshof Hertogenbosch, April 24, 1996, available at <http://cisgw3.law.pace.edu/cases/960424n1.html>.

Original language:     
Translation:
Dutch
Unavailable

Unilex abstract:

"The seller was thus awarded the purchase price and interest at the rate fixed by the standard terms."

11. Arrondissementsrechtbank Amsterdam, May 15, 1996, available at <http://cisgw3.law.pace.edu/cases/960515n1.html>.

Original language:     
Translation:
Dutch
Unavailable

12. Hof Arnhem, April 15, 1997, available at <http://cisgw3.law.pace.edu/cases/970415n1.html>.

Original language:     
Translation:
Dutch
Unavailable

Unilex abstract:

"The seller was also awarded interest according to Art. 78 CISG. As CISG does not determine the interest rate, the Court stated that it was to be determined in accordance with the domestic law otherwise applicable to the contract (Italian Law)."

13. Hof Hertogenbosch, October 2, 1997, available at <http://cisgw3.law.pace.edu/cases/971002n1.html>.

Original language:     
Translation:
Dutch
Unavailable

Unilex abstract:

"The Court awarded the seller payment of the price plus additional interest as damages (Arts. 74 and 78 CISG), as well as reimbursement of extra-judicial collecting charges."

14. Hoge Raad, February 20, 1998, available at <http://cisgw3.law.pace.edu/cases/980220n1.html>.

Original language:     
Translation:
Dutch
Unavailable

Unilex abstract:

"The seller was awarded interest on the sums due at the Italian statutory rate, accruing from the date in which payment had to be made, without the need of a formal request by the seller (Arts. 78 and 59 CISG)."

15. Netherlands Arbitration Institute, October 15, 2002, available at <http://cisgw3.law.pace.edu/cases/021015b1.html>.

Original language:      English

Court:

"Finally, parties have come to an agreement that the Dutch statutory interest rate is applicable and, thus, damages as determined in this award will be increased with the applicable Dutch statutory interest rate."

SUMMARY

Cases involving Article 78: 15
Cases for which an English (translation/text) is available: 1
Cases for which only an abstract was available: 10
Cases for which neither translation nor abstract was available: 4


Pace Law School Institute of International Commercial Law - Last updated November 15, 2004
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