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CISG CASE PRESENTATION

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]

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

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Case identification

DATE OF DECISION: 20050914 (14 September 2005)

JURISDICTION: Belgium

TRIBUNAL: Rechtbank van Koophandel [Commercial Court] Hasselt

JUDGE(S): Vanhelmont, Driesen and Claes

CASE NUMBER/DOCKET NUMBER: A.R. 05/2945

CASE NAME: Drukkerij Baillien en Maris NV v. Hunterskil Howard BV

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Belgium

BUYER'S COUNTRY: Netherlands

GOODS INVOLVED: Printed media


English summary

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."

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 3 ; 25 ; 26 ; 35 ; 45 ; 49

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Unavailable

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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 <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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Pace Law School Institute of International Commercial Law - Last updated July 18, 2007
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