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CISG CASE PRESENTATION

Netherlands 8 February 1990 District Court Alkmaar (Cofacredit SA v. Import - en Exportmaatschappij Renza)
[Cite as: http://cisgw3.law.pace.edu/cases/900208n1.html]

Primary source(s) for case presentation: F. De Ly; Michael R. Will


Case Table of Contents


Case identification

DATE OF DECISION: 19900208 (8 February 1990)

JURISDICTION: Netherlands

TRIBUNAL: Rb Alkmaar [Rb = Arrondissementsrechtbank = District Court]

JUDGE(S): Gisolf

CASE NUMBER/DOCKET NUMBER: 350/1988

CASE NAME: Cofacredit SA v. Import - en Exportmaatschappij Renza BV

CASE HISTORY: Unavailable

SELLER'S COUNTRY: France (plaintiff)

BUYER'S COUNTRY: Netherlands (defendant)

GOODS INVOLVED: Sports articles


Classification of issues present

APPLICATION OF CISG: Yes [Article 1(1)(b)]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 53

Classification of issues using UNCITRAL classification code numbers:

53A [Obligation to pay price of goods]

Descriptors: Price

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Editorial remarks

EDITORS: Franco Ferrari and Albert H. Kritzer

CISG issues ruled upon:

No CISG provisions are cited in the court's opinion. The facts are sale and delivery of sporting articles by a French seller to a Dutch buyer and a suit for non-payment of the price by seller's assignee for payment. The contract did not specify the governing law. The court concluded that it is French private law, which is in this case the CISG.

The CISG was in effect in France, but not in the Netherlands, at the time of the conclusion of this contract. Article 1(1)(b) is the basis for the court's ruling that the CISG applies.

Payment of price. The matter in dispute was whether buyer's obligation to pay the price was satisfied by payment of a specified sum and "the settlement of various items" (buyer's position) or whether buyer's obligation was not so satisfied (position taken by plaintiff, seller's assignee for payment). Without going into the facts behind the contentions of the parties, the reported opinion rules in favor of seller's assignee for payment. Article 53 ("The buyer must pay the price . . .") is a relevant provision of the CISG.

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Citations to case abstracts, texts, and commentaries

CITATIONS TO ABSTRACTS OF DECISION

(a) UNCITRAL abstract: Unavailable

(b) Other abstracts

English: Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=31&step=Abstract>

Italian: Diritto del Commercio Internazionale (1994) 847 No. 25

CITATIONS TO TEXT OF DECISION

Original language (Dutch): Nederlands Internationaal Privaatrecht (NIPR) 1990 No. 460 [518-519]; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=31&step=FullText>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated May 9, 2002
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