Belgium 28 June 2006 Commercial Court Hasselt (Drukkerij Moderna NV v. IVA Groep BV)
[Cite as: http://cisgw3.law.pace.edu/cases/060628b1.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: A.R. 06/1347
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Belgium
BUYER'S COUNTRY: Netherlands
GOODS INVOLVED: Leaflets
Reproduced from CISG-Belgium database
"The agreement of the parties that Belgian law is applicable leads to the application of the CISG.
"A contract involving the printing of leaflets falls under the scope of the CISG, unless the party who orders the printing undertakes to supply a substantial part of the material necessary for the printing of the leaflets (art. 3 CISG).
"Although the court established that there was minor damage to the goods, it deems the goods to be fit for the purposes for which the goods of the same description would ordinarily be used (art. 35 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/2006-06-28%20Hasselt.html>
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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Institute of International Commercial Law - Last updated July 18, 2007