CISG CASE PRESENTATION

Belgium 3 January 2005 Appellate Court Antwerpen (Plessers v. BV Pannenclaer Vieesspecialiteiten) [translation available]
[Cite as: http://cisgw3.law.pace.edu/cases/050103b1.html]

Case Table of Contents

• Case identification
• Classification of issues present
• Editorial remarks
• Citations to case abstracts, texts, and commentaries
• Case text (English translation)

• Guide to links contained in case presentations

Case identification

DATE OF DECISION: 20050103 (3 January 2005)

JURISDICTION: Belgium

TRIBUNAL: Hof van Beroep [Appellate Court] Antwerpen

JUDGE(S): M. Dorn

CASE NUMBER/DOCKET NUMBER: 2001/AR/1937

CASE NAME: Plessers as liquidator of BVBA Marinus Kamp v. BV Pannenclaer Vieesspecialiteiten

CASE HISTORY: 1st instance Rechtbank van Koophandel Hasselt

SELLER'S COUNTRY: Belgium (plaintiff)

BUYER'S COUNTRY: Netherlands (defendant)

GOODS INVOLVED: Machines

Classification of issues present

APPLICATION OF CISG: No, main part of performance services (repairs)

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 3

Classification of issues using UNCITRAL classification code numbers:

3B [Services preponderant part of obligation]

Descriptors: Services

Editorial remarks

• Unavailable

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/2005-01-03.html>

Translation (English): Text presented below

CITATIONS TO COMMENTS ON DECISION

Unavailable

Queen Mary Case Translation Programme

[...]

The Claimant on Appeal claims payment of the following invoices, for repairs and maintenance (and to a limited degree delivery of goods) to the machines of the Respondent on Appeal.

[...]

The Claimant on Appeal states correctly that the CISG is not applicable to this dispute since the main obligation of the Claimant on Appeal consists in the supply of labor or other services. The invoices were primarily made for repairs to the cutting machines. Belgian law is applicable.

[...]

FOOTNOTES

* All translations should be verified by cross-checking against the original text.

** Kristof Cox is a researcher at the Institute for International Trade Law at the Catholic University of Leuven (Belgium). He is preparing a Ph.D. on the effects of an arbitration award on third parties. Further, he regularly publishes articles and case notes on the CISG and International Commercial Arbitration. Kristof Cox can be contacted at <Kristof.cox@law.kuleuven.be>.