Netherlands 23 March 2000 District Court Rotterdam (Onions case)
[Cite as: http://cisgw3.law.pace.edu/cases/000323n1.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: Unavailable
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: [-]
BUYER'S COUNTRY: [-]
GOODS INVOLVED: Onions
APPLICATION OF CISG: Yes
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
Descriptors:
Excerpt from [2004] S.J. Kruisinga, (Non)-conformity in the 1980 Convention on Contracts for the International Sale of Goods: a uniform concept?, Intersentia at 173
"In [an earlier] case that was decided by the Rechtbank Rotterdam [on 20 January 2000], the court ... held that the burden of proof lay on the buyer and was quite demanding on this party. In th[at] case, the Argeninian company Amuyen SA had sold Argentinian cherries to Hars & Hagebaeuer BV in the Netherlands. The buyer claimed that he could rely on remedies when the delivered cherries were not in conformity with the contract. The court concluded that the risk in the goods passed to the buyer at the time when the goods were loaded on to the plane in Argentina. Thus the buyer was requested by the court to provide evidence of what percentage of the delivered cherries were 'dirty and dull looking' -- which was the buyer's complaint -- and, in addition, the buyer was also requested to proved that the reason therefore lay in the condition of the goods before they were loaded on to the plane. The court held that if the buyer provided evidence of the above, the goods would be held not to be in conformity with the contract.
"Just as demanding on the buyer is the decision [in this case] where it was discovered upon the arrival of onions at the buyer's place of business, that the goods delivered (the onions) were defective. The contract contained the condition FOB, so the goods had to be in conformity with the contract at the time of loading (art. 36 CISG). The court held that it was up to the buyer to prove that the damage to the delivered goods had been caused by an 'eigen gebrek' (inherent defect), so a defect that was already present before the onions were loaded for transport."
Go to Case Table of ContentsCITATIONS TO ABSTRACTS OF DECISION
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
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CITATIONS TO TEXT OF DECISION
Original language (Dutch): Nederlands Internationaal Privaatrecht (2000) no. 122
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
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