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CISG CASE PRESENTATION

Belgium 11 June 2008 Appellate Court Ghent (NV Brux-Attout v. SA Chrismatex)
[Cite as: http://cisgw3.law.pace.edu/cases/080611b1.html]

Primary source(s) of information for case presentation: Kristof Cox / Govert Koppens

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Case identification

DATE OF DECISION: 20080611 (11 June 2008)

JURISDICTION: Belgium

TRIBUNAL: Hof van beroep [Appellate Court] Ghent

JUDGE(S): A. Ferdinande, J. Baudrez

CASE NUMBER/DOCKET NUMBER: 2007/AR/1108

CASE NAME: NV Brux-Attout v. SA Chrismatex

CASE HISTORY: Unavailable

SELLER'S COUNTRY: France (defendant)

BUYER'S COUNTRY: Belgium (plaintiff)

GOODS INVOLVED: Textiles


English summary

EDITOR: Govert Coppens

"The buyer has the obligation to examine the goods within a period as short as practicable in the circumstances (Art. 38(1) CISG). The buyer has the obligation to give notice to the seller of the lack of conformity; if he does not do so, the buyer loses the right to rely on this lack of conformity (Art. 39(1) CISG). The buyer has not complied with its obligations in Art. 38(1) and 39(1) CISG and thus loses its right to rely on the alleged lack of conformity. The buyer has also not given any excuse as mentioned in Art. 44 CISG for his failure to give required notice. Appellant's claim is unfounded."

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 38(1) ; 39(1) ; 44

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): Click here for Dutch text of case

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated April 27, 2009
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