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CISG CASE PRESENTATION

Netherlands 6 May 1994 District Court 's-Hertogenbosch (Rabobank Nederland v. Teppich Fabrik Malans)
[Cite as: http://cisgw3.law.pace.edu/cases/940506n1.html]

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

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Case identification

DATE OF DECISION: 19940506 (6 May 1994)

JURISDICTION: Netherlands

TRIBUNAL: Rb 's-Hertogenbosch [Rb = Arrondissementsrechtbank = District Court]

JUDGE(S): Mostermans

CASE NUMBER/DOCKET NUMBER: 2548/43

CASE NAME: Rabobank Nederland v. Teppich Fabrik Malans AG

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Netherlands (seller's assignee is plaintiff)

BUYER'S COUNTRY: Switzerland (defendant)

GOODS INVOLVED: Yarn


Classification of issues present

APPLICATION OF CISG: Uncertain

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 9(1) ; 57(1)

Classification of issues using UNCITRAL classification code numbers:

9C [Practices established by the parties];

57A [Place for payment: in absence of agreement, payment at seller's place of business]

Descriptors: Payment, place of ; Usages and practices

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Editorial remarks

EDITORS: Franco Ferrari and Albert H. Kritzer

CISG issues ruled upon:

The date of conclusion of the contracts was unclear. The court ruled on the key issue (place of payment) as though the CISG applied and as though it did not -- reaching the same conclusion in either event.

Payment, place of/Practices of the parties. Place of payment was held to be at the seller's place of business in the Netherlands. Article 57(1)(a) is cited as the CISG support for this conclusion. Practices established between the parties (payments made in the Netherlands over the years) is cited as an alternative support for this conclusion. Therefore, although Article 9(1) was not referred to by the court, it would be relevant to a CISG ruling on the facts of this case.

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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=137&step=Abstract>

Italian: Diritto del Commercio Internazionale (1996) 626 No. 98

CITATIONS TO TEXT OF DECISION

Original language (Dutch): CISG-Netherlands website <http://www.cisg.nl>; Website of the Dutch courts <http://www.rechtspraak.nl>; Nederlands Internationaal Privaatrecht (NIPR) 1994 No. 464 [604-606]; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=137&step=FullText>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated November 29, 2004
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