CISG CASE PRESENTATION

Belgium 12 May 2003 Appellate Court Gent (Clothing case)
[Cite as: http://cisgw3.law.pace.edu/cases/030512b1.html]

Case Table of Contents

• Case identification
• Classification of issues present
• Editorial remarks
• Citations to case abstracts, texts, and commentaries

• Guide to links contained in case presentations

Case identification

DATE OF DECISION: 20030512 (12 May 2003)

JURISDICTION: Belgium

TRIBUNAL: Hof van Beroep [Appellate Court] Gent

JUDGE(S): P. Vanherpe

CASE NUMBER/DOCKET NUMBER: 2000/AR/1957

CASE NAME: S. GmbH v. A. bvba

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

Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 38 ; 39 ; 78 ; 85 ; 88

Classification of issues using UNCITRAL classification code numbers:

38A [Buyer’s obligation to examine goods: time for examining goods];

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]

Descriptors: Examination of goods ; Lack of conformity notice, timeliness ; Interest ; Preservation of goods ; Sale of goods

Editorial remarks

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"Sale relation has expired – provision on preservation of goods – no longer applicable.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."

Citations to case abstracts, texts, and commentaries

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>

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]; 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); [2004] S.A. Kruisinga, (Non-)conformity in the 1980 UN Convention on Contracts for the International Sale of Goods: a uniform concept?, Intersentia at 80