Netherlands 15 June 1994 District Court Amsterdam (Galerie Moderne v. Waal)
[Cite as: http://cisgw3.law.pace.edu/cases/940615n1.html]
Primary source(s) for case presentation: F. De Ly; Michael R. Will; Unilex abstract
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: H 92.3572
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Denmark (plaintiff)
BUYER'S COUNTRY: Netherlands (defendant)
GOODS INVOLVED: Lithographs
APPLICATION OF CISG: Yes [Article 1(1)(a)]
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue: Articles
Classification of issues using UNCITRAL classification code
numbers:
53A ; 53B [Buyer's obligation to pay price of goods; Buyer's
obligation to take delivery];
74A [Damages (general rules for measuring): loss suffered as
consequence of breach];
78A ; 78B [Interest on delay in receiving price or any other sum in
arrears; Rate of interest]
EDITORS: Franco Ferrari and Albert H. Kritzer
The CISG was in effect in the countries of the parties at the time the contract was concluded.
Stating that there is no evidence that the parties excluded the CISG
pursuant to Article 6, the court applied the
CISG.
Issues ruled upon:
Price, obligation to pay; Delivery, obligation to take/Damages.
Without going further into the facts of the
case, the court's opinion simply states the conclusion that buyer did
not honor his obligations under Article 53
and is therefore obligated to pay damages pursuant to Article 74. The
amount of damages was not in dispute.
Interest (right to, rate of)/ Gap-filling. The court stated: "[Buyer] did
not pay the agreed price. According to
Article 78 of the Convention [buyer] must pay interest on that price.
This article does not determine the rate of
interest. Following Article 7(2) of the Convention, the rate of
interest must therefore be determined by the law
applicable by virtue of the rules of private international law. . . .
In this case, it is Danish law because the
seller has his place of business in Denmark and delivery took place in
Denmark." The calculation of the rate of
interest under Danish law was deferred.
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
English: Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=126&step=Abstract>
Italian: Diritto del Commercio Internazionale (1996) 629 no. 100
CITATIONS TO TEXT OF DECISION
Original language (Dutch): Nederlands Internationaal
Privaatrecht (NIPR) 1995 no. 230
[194-195]; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=126&step=FullText>
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
English: Ferrari, International Legal Forum (4/1998) 138-255 [194 n.486 (definition of "goods"), 253 n.1079 (interest issues)]; Thiele, 2 Vindobono Journal (1998) 3-35, citing this case [n.59] and 42 other interest rulings
Spanish: [1998] Castellanos, [Free will and uniform law in international sales], Thesis: Universidad Carlos III de Madrid [147]Classification of issues present
Editorial remarks
Citations to case abstracts, texts, and commentaries
CITATIONS TO ABSTRACTS OF DECISION
Pace Law School Institute of International
Commercial Law - Last updated May 9, 2002