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
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 26/94/RO
CASE NAME:
CASE HISTORY: 1st instance Rb Roermond (930312) 4 November 1993 [reversed]
SELLER'S COUNTRY: Netherlands (plaintiff)
BUYER'S COUNTRY: Germany (defendant)
GOODS INVOLVED: Trucks
APPLICATION OF CISG: Yes [Article 1(1)(a)]
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue: Article
Classification of issues using UNCITRAL classification code
numbers:
Classification of issues present
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.
(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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