Belgium 12 May 2003 Appellate Court Gent (Clothing case)
[Cite as: http://cisgw3.law.pace.edu/cases/030512b1.html]
DATE OF DECISION:
CASE NUMBER/DOCKET NUMBER: 2000/AR/1957
CASE HISTORY: 1st instances Rb Dendermonde, afdeling St. -Niklaas 5 October 1999 and 4 April 2000
SELLER'S COUNTRY: Belgium (plaintiff)
BUYER'S COUNTRY: Germany (defendant)
GOODS INVOLVED: Clothing
APPLICATION OF CISG: Yes
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
39A2 [Requirement to notify seller of lack of conformity: buyer must notify seller within reasonable time];
78B [Rate of interest];
85B [Seller’s duty to preserve goods];
88A3 [Party obligated to preserve goods may sell them: reasonable notice of intention to sell]
Overview comments (CISG-Belgium database):
"Notice of non-conformity – fashion bound items – needs to be soon – non-conformity easy to ascertain by simple examination – three months after too late.
"Fact that buyer did not complain and sold clothing to third party – not proof of acceptance of notice of non-conformity.
"Sale relation has expired – provision on preservation of goods – no longer applicable.
"Seller should not have resold goods without prior notice to buyer, who was owner – buyer not proved that would have got higher amount – amount that seller obtained accepted.
"Interest – Belgian interest rate."
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CITATIONS TO ABSTRACTS OF DECISION
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
English: Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=946&step=Abstract>
CITATIONS TO TEXT OF DECISION
Original language (Dutch): CISG-Belgium database of Katholieke Universiteit Leuven <http://www.law.kuleuven.ac.be/ipr/eng/cases/2003-05-12.html>; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=946&step=FullText>
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]; CISG-AC advisory opinion on Examination of the Goods and Notice of Non-Conformity [7 June 2004] (this case and related cases cited in addendum to opinion);  S.A. Kruisinga, (Non-)conformity in the 1980 UN Convention on Contracts for the International Sale of Goods: a uniform concept?, Intersentia at 80Go to Case Table of Contents