Belgium 7 May 2003 District Court Hasselt (Car spare parts case)
[Cite as: http://cisgw3.law.pace.edu/cases/030507b1.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: A.R. 03/1493
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Belgium (plaintiff)
BUYER'S COUNTRY: France (defendant)
GOODS INVOLVED: Car spare parts
APPLICATION OF CISG: Yes
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
Descriptors:
Overview comments (CISG-Belgium database): "Jurisdiction – Brussels I Regulation art. 23 – practice between the parties – in Dutch – not proved that French buyer understood. Jurisdiction – Brussels I Regulation art. 5.1 – sale – place of delivery – obligation included transportation, no Incoterm – according to CISG – place of handing over to first carrier – Belgium – Belgium court has jurisdiction. Proceedings stayed in accordance with Service Regulation, art. 19 – must be shown that defendant was served."
Go to Case Table of Contents
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/2003-05-07.html>
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
Go to Case Table of Contents
Pace Law School
Institute of International Commercial Law - Last updated March 4, 2004