Belgium 4 April 2001 District Court Kortrijk (H. v. D.)
[Cite as: http://cisgw3.law.pace.edu/cases/010404b1.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: A.R. 04576/00
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Spain (plaintiff)
BUYER'S COUNTRY: Belgium (defendant)
GOODS INVOLVED: Unavailable
Reproduced with permission from CISG-Belgium database of Katholieke Universiteit Leuven
Application of CISG: both parties from Contracting States
Proof of contract: all means under CISG - Belgian law; accepted invoice
In casu - secondary obligation: interest on late payment and costs; not proven by acceptance of invoice
Interest: starts running when payment is due
Case outline
APPLICATION OF CISG: Yes [Article 1(1)(a)]
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
11B [Proof of contract by any means, including witnesses];
74A [Damages: general rules for measuring];
78A [Interest on delay in receiving price: starts running when payment due]
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/2001-04-04.html>
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
English: 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