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CISG CASE PRESENTATION

Netherlands 3 September 1992 District Court Arnhem (S. Jacobs v. Auto Opgenoort)
[Cite as: http://cisgw3.law.pace.edu/cases/920903n1.html]

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


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Case identification

DATE OF DECISION: 19920903 (3 September 1992)

JURISDICTION: Netherlands

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

JUDGE(S): Van Loo

CASE NUMBER/DOCKET NUMBER: 1991/1316

CASE NAME: S. Jacobs v. Auto Opgenoort BV

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Netherlands (defendant)

BUYER'S COUNTRY: Germany (plaintiff)

GOODS INVOLVED: Car


Classification of issues present

APPLICATION OF CISG: No

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 100

Classification of issues using UNCITRAL classification code numbers:

100B1 [Applicability based on date of contract]

Descriptors: Applicability

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Editorial remarks

EDITORS: Franco Ferrari and Albert H. Kritzer

CISG issues ruled upon:

Applicability. Buyer (Germany) purchased a motor car from seller (Netherlands) on 13 May 1991. Germany was a party to the CISG at this time, the Netherlands was not. The court held that "[seller], as the party who had to effect the most characteristic performance (the delivery of the motor car), has its (main) governing body in the Netherlands and no circumstances have been alleged or established to indicate that the contract has a closer relationship to a different country, the contract is most closely related to the Netherlands and is governed by Dutch law." Citing Article 100, the court termed the CISG inapplicable.

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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=99&step=Abstract>

CITATIONS TO TEXT OF DECISION

Original language (Dutch): Nederlands Internationaal Privaatrecht (NIPR) 1993 No. 127 [183]; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=99&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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