Netherlands 12 September 2006 Gerechtshof [Appellate Court] Arnhem (Yacht case)
[Cite as: http://cisgw3.law.pace.edu/cases/060912n1.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: Rolnummer 2000/605
CASE NAME:
CASE HISTORY: 1st instance Rb Zwolle
SELLER'S COUNTRY: [-]
BUYER'S COUNTRY: [-]
GOODS INVOLVED: Yacht
NETHERLANDS: Gerechtshof Arnhem 12 September 2006
Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/81],
CLOUT abstract no. 830
Reproduced with permission of UNCITRAL
The appellant and the two defendants entered into negotiations for the sale of a yacht co-owned by the defendants. Parties drew up a document arranging for the yacht to be sold to the appellant, which was signed by the appellant and both defendants. One day later the defendants sold the yacht to a third party for a higher price. The first defendant informed the appellant of the rescission of the contract stating it was not authorized by the second owner to sell the yacht for the price agreed. Subsequently the appellant requested the seizure of the vessel to ensure it would be delivered to it. The appellant then commenced proceedings before the Court of First Instance, claiming several forms of damages resulting from the breach of contract. The Court of First Instance rejected the claim.
The appellant appealed that decision. In the proceedings the CISG was argued to be applicable to the case. In this regard, the Court of Appeals simply considered that the case concerned the sale of a yacht, or at least a preliminary agreement regarding the sale thereof, and that according to article 2(d) CISG [it may be presumed the Court intended to refer to article 2(e) CISG] for this reason alone the CISG could not be applicable. The Court thus requested further enquiries and reserved the decision, albeit on other grounds.
Go to Case Table of ContentsAPPLICATION OF CISG: No
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
2E [Exclusions from Convention: sales of ships, vessels, hovercraft, aircraft]
Descriptors:
CITATIONS TO OTHER ABSTRACTS OF DECISION
Unavailable
CITATIONS TO TEXT OF DECISION
Original language (Dutch): Website of the Dutch courts <http://www.rechtspraak.nl/>
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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