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CISG CASE PRESENTATION

Netherlands 26 October 1994 Appellate Court 's-Hertogenbosch (Jungmann Nutzfahrzeuge v. Terhaag Bedrijfsauto's)
[Cite as: http://cisgw3.law.pace.edu/cases/941026n1.html]

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


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Case identification

DATE OF DECISION: 19941026 (26 October 1994)

JURISDICTION: Netherlands

TRIBUNAL: Hof 's-Hertogenbosch [Hof = Gerechtshof = District Appeal Court]

JUDGE(S): Wachter, De Wilde, Beekhuis

CASE NUMBER/DOCKET NUMBER: 26/94/RO

CASE NAME: Jungmann Nutzfahrzeuge Handelsgesellschaft GmbH v. Terhaag Bedrijfsauto's BV

CASE HISTORY: 1st instance Rb Roermond (930312) 4 November 1993 [reversed]

SELLER'S COUNTRY: Netherlands (plaintiff)

BUYER'S COUNTRY: Germany (defendant)

GOODS INVOLVED: Trucks


Classification of issues present

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

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 57(1)(b) [Also cited: Article 53 ]

Classification of issues using UNCITRAL classification code numbers:

57B [Place for payment; agreement for payment in exchange for goods or documents]

Descriptors: Payment, place of ; Jurisdiction

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Editorial remarks

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.

Issues ruled upon:

Payment, place of. The contract provided that payment was to be made against the handing over of the goods and that the goods were to be handed over in Germany. Citing Article 57(1), the court ruled that payment was to be made in Germany.

Jurisdiction and venue. The court ruled that place of payment determined jurisdiction and as payment was to be made in Germany, the Dutch court did not have jurisdiction -- this despite a reference to Netherlands as the forum in seller's general conditions.

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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=138&step=Abstract>

Italian: Diritto del Commercio Internazionale (1996) 632-633 no. 105

CITATIONS TO TEXT OF DECISION

Original language (Dutch): Nederlands Internationaal Privaatrecht (NIPR) 1995 No. 261 [239-241]; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=138&step=FullText>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

English: [2005] Schlechtriem & Schwenzer ed., Commentary on UN Convention on International Sale of Goods, 2d (English) ed., Oxford University Press, Art. 57 para. 11a

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Pace Law School Institute of International Commercial Law - Last updated August 15, 2005
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