Netherlands 12 June 1990 Appellate Court Arnem (Société Nouvelle des Papéteries v. Machinefabriek)
[Cite as: http://cisgw3.law.pace.edu/cases/900612n1.html]
Primary source(s) for case presentation: F. De Ly; Michael R. Will
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 596/89
CASE NAME:
CASE HISTORY: 1st instance Rb Almelo 21 June 1989; 3rd instance Hoge Raad (Supreme Court) 25 September 1992
SELLER'S COUNTRY: Netherlands (plaintiff)
BUYER'S COUNTRY: France (defendant)
GOODS INVOLVED: Bale compressor
APPLICATION OF CISG: No [Article 100(2)]
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue: Article
Classification of issues using UNCITRAL classification code
numbers:
Descriptors:
EDITORS: Franco Ferrari and Albert H. Kritzer
CISG issues ruled upon:
Opinions were handed down in this case by the District Court (Rb Almelo), the
District Appeal Court (Hof
Arnhem), and the Supreme Court (Hoge Raad). The only reference to the
CISG
is in the following statement
by the District Court.
Applicability. "[T]he contract of the parties dates from the end of 1986.
The 'United Nations Convention on
Contracts for the International Sale of Goods' (CISG Vienna 11 April
1980)
which entered into force . . . later .
. . cannot be appropriate." This conclusion was not overturned by
either the District Appeal Court or the
Supreme Court.
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts Unavailable
CITATIONS TO TEXT OF DECISION
Original language (Dutch): Nederlands Internationaal
Privaatrecht (NIPR) 1991 No. 130
[168-171]; 1993 No. 105 [127-129]
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
UnavailableClassification 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 February 6, 2002