Belgium 17 February 2000 District Court Hasselt (J.F. in liquidation v. L.)
[Cite as: http://cisgw3.law.pace.edu/cases/000217b1.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: Unavailable
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Italy (plaintiff)
BUYER'S COUNTRY: Belgium (defendant)
GOODS INVOLVED: Unavailable
Reproduced with permission from CISG-Belgium database of Katholieke Universiteit Leuven
Notice of non-conformity – short period – eight months after delivery too late – buyer liable for payment
Interest – from date of invoice – no notice required for interest to start running
Interest rate: place of debtor: Belgium
Case outline
APPLICATION OF CISG: Yes
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
39A [Requirement to notify seller of lack of conformity: buyer must notify seller within reasonable time];
78B [Rate of interest]
Descriptors:
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CITATIONS TO ABSTRACTS OF DECISION
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
Unavailable
CITATIONS TO TEXT OF DECISION
Original language (Dutch): CISG-Belgium database of Katholieke Universiteit Leuven <http://www.law.kuleuven.ac.be/ipr/eng/cases/2000-02-17.html>; Rechtskundig Weekblad (2000-2001) 1138
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
English: 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); Article 78 and rate of interest: Mazzotta, Endless disagreement among commentators, much less among courts (2004) [citing this case and 275 other court and arbitral rulings]
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Pace Law School
Institute of International Commercial Law - Last updated November 19, 2004