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CISG CASE PRESENTATION

Netherlands 23 March 2000 District Court Rotterdam (Onions case)
[Cite as: http://cisgw3.law.pace.edu/cases/000323n1.html]

Primary source(s) of information for case presentation: Citation in 2004 text by SA Kruisinga

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Case identification

DATE OF DECISION: 20000323 (23 March 2000)

JURISDICTION: Netherlands

TRIBUNAL: Rb Rotterdam [Rb = Arrondissementsrechtbank = District Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: Unavailable

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: [-]

BUYER'S COUNTRY: [-]

GOODS INVOLVED: Onions


Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 35 ; 36

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Unavailable

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Editorial remarks

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."

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Citations to case abstracts, texts, and commentaries

CITATIONS TO ABSTRACTS OF DECISION

(a) UNCITRAL abstract: Unavailable

(b) Other abstracts

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (Dutch): Nederlands Internationaal Privaatrecht (2000) no. 122

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated November 5, 2004
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