Netherlands 3 September 1992 District Court Arnhem (S. Jacobs v. Auto Opgenoort)
[Cite as: http://cisgw3.law.pace.edu/cases/920903n1.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: 1991/1316
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Netherlands (defendant)
BUYER'S COUNTRY: Germany (plaintiff)
GOODS INVOLVED: Car
APPLICATION OF CISG: No
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:
Applicability. Buyer (Germany) purchased a motor car from seller (Netherlands) on 13 May 1991. Germany
was a party to the CISG at this time, the Netherlands was not. The
court held that "[seller], as the party who
had to effect the most characteristic performance (the delivery of the
motor car), has its (main) governing body
in the Netherlands and no circumstances have been alleged or
established to
indicate that the contract has a
closer relationship to a different country, the contract is most
closely related to the Netherlands and is governed
by Dutch law." Citing Article 100, the court termed the CISG
inapplicable.
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
English: Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=99&step=Abstract>
CITATIONS TO TEXT OF DECISION
Original language (Dutch): Nederlands Internationaal
Privaatrecht (NIPR) 1993 No. 127 [183];
Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=99&step=FullText> 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 May 9, 2002