Belgium 14 September 2005 Commercial Court Hasselt (Drukkerij Baillien en Maris NV v. Hunterskil Howard BV)
[Cite as: http://cisgw3.law.pace.edu/cases/050914b1.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: A.R. 05/2945
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Belgium
BUYER'S COUNTRY: Netherlands
GOODS INVOLVED: Printed media
Reproduced from CISG-Belgium database
"Parties made Dutch law applicable to their contract. As a consequence the CISG needs to be applied.
"The CISG is applicable to a printing contract (art. 3 CISG). For a similar case, see Rechtbank van Koophandel te Hasselt 28 June 2006.
"The court applied art 35(2)(c): 'goods do not conform with the contract unless they ... possess the qualities of the goods which the seller has held out to the buyer as a sample or model.' In the case at hand, the buyer provided a model document to the seller/printer and ordered printed media in conformity with this model. The court is of the opinion that this conformity has to be judged reasonably. Minor color difference and some small lines do not constitute a fundamental breach (Art. 49 CISG). The buyer who unilaterally declares the contract avoided, does this at his own risk and subject to posteriori supervision by a judge. The letters of the buyer fulfil the requirements of art. 26 CISG."
Go to Case Table of ContentsAPPLICATION OF CISG: Yes
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
Descriptors:
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/2005-09-14%20Hasselt.html>
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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Institute of International Commercial Law - Last updated July 18, 2007