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CISG CASE PRESENTATION

Belgium 26 February 2002 Commercial Court Hasselt (Fagard Winand v. BVBA HVA Koeling and HVA Koeling BVBA v. Besseling Agri-Technic BV and NV De Vaderlandsehe)
[Cite as: http://cisgw3.law.pace.edu/cases/020226b1.html]

Primary source(s) of information for case presentation: CISG-Belgium database

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Case identification

DATE OF DECISION: 20020226 (26 February 2002)

JURISDICTION: Belgium

TRIBUNAL: Rechtbank van Koophandel [Commercial Court] Hasselt

JUDGE(S): Dr. C. Beerten, Leroi, Geerts

CASE NUMBER/DOCKET NUMBER: A.R. 00/02255

CASE NAME: Fagard Winand v. BVBA HVA Koeling and HVA Koeling BVBA v. Besseling Agri-technic BV and NV De Vaderlandsehe

CASE HISTORY: 2d instance Hof van Beroep Antwerpen 14 April 2004

SELLER'S COUNTRY: Netherlands

BUYER'S COUNTRY: Belgium

GOODS INVOLVED: Cooling installation - sensors


English summary

Reproduced from CISG-Belgian database

"The CISG is part of Dutch internal law and thus applicable if Dutch law is applicable.

"A period of 12 months is not 'reasonable' to give notice of non-conformity. The alleged breach of a duty of information does not change this.

"A party can only be held liable on an extra-contractual basis if the fault is a breach not of a contractual obligation, but of a general duty of care and the fault has caused other damage than that caused by a defective performance of the contract. A breach of the duty of information is a contractual breach.

"The seller is liable if he has delivered goods that are not fit for the purposes for which they would be used.

"If the seller has to examine the functioning, the buyer may assume that the seller has taken appropriate measures, and if the seller does not, that this was not necessary (e.g., because the defect was not so serious that it could damage other goods."

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 4 ; 6 ; 35 ; 39(1)

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Unavailable

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Editorial remarks

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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): CISG-Belgium database <http://www.law.kuleuven.ac.be/ipr/eng/cases/2002-02-26%20Hasselt.html>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated June 20, 2007
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