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CISG CASE PRESENTATION

Belgium 20 June 2003 Appellate Court Gent (Floor tiles case)
[Cite as: http://cisgw3.law.pace.edu/cases/030620b1.html]

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

Case Table of Contents


Case identification

DATE OF DECISION: 20030620 (20 June 2003)

JURISDICTION: Belgium

TRIBUNAL: Hof van Beroep [Appellate Court] Gent

JUDGE(S): R. Thybergin; M. Hanssens; M. Beerens

CASE NUMBER/DOCKET NUMBER: 2000/AR/2402

CASE NAME: I.F. S.r.l. v. T.R. B.V.B.A.

CASE HISTORY: 1st instance Rb Kortrijk 9 September 2000

SELLER'S COUNTRY: Italy (appellant)

BUYER'S COUNTRY: Belgium (respondent)

GOODS INVOLVED: Floor tiles


Case abstract

Reproduced from CISG-Belgium website of Katholike Universiteit Leuven

"A Belgian buyer bought floor tiles from an Italian seller. Belgian consumers sued their provider of the tiles because of early wearing ... That company sued the buyer and the buyer sued the seller in the same action. In a judgment of 9 September 2000 the court appointed an expert, but the seller appealed that decision, stating that the buyer's action against him had prescribed. The CISG did not contain a clear prescription period. However, the buyer had contacted the seller on possible problems with the tiles on several occasions [and] the seller admitted his liability at several occasions. Therefore the action had not prescribed."

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 4

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Scope of Convention ; Statute of limitations

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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 of Katholieke Universiteit Leuven <http://www.law.kuleuven.ac.be/ipr/eng/cases/2003-06-20.html>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated November 23, 2004
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