Go to Database Directory || Go to CISG Table of Contents || Go to Case Search Form || Go to Bibliography

CISG CASE PRESENTATION

Netherlands 7 December 1994 District Court Amsterdam (Hans Hagemann v. Bell Rain Regenkleding Industries)
[Cite as: http://cisgw3.law.pace.edu/cases/941207n1.html]

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


Case Table of Contents


Case identification

DATE OF DECISION: 19941207 (7 December 1994)

JURISDICTION: Netherlands

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

JUDGE(S): Orobio de Castro

CASE NUMBER/DOCKET NUMBER: H 92.3614

CASE NAME: Hans Hagemann GmbH v. Bell Rain Regenkleding Industries BV

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Germany (plaintiff)

BUYER'S COUNTRY: Netherlands (defendant)

GOODS INVOLVED: Textiles


Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 1(1)(b)

Classification of issues using UNCITRAL classification code numbers:

1B2 [Basic rules of applicability: private international law points to Contracting State]

Descriptors: Applicability

Go to Case Table of Contents


Editorial remarks

EDITORS: Franco Ferrari and Albert H. Kritzer

CISG issues ruled upon:

Applicability. Contract between a seller from Germany and a buyer from the Netherlands was concluded at a time when the CISG was in effect in Germany but not in the Netherlands. German law was applied. This was held to be the CISG pursuant to Article 1(1)(b).

Go to Case Table of Contents


Citations to case abstracts, texts, and commentaries

CITATIONS TO ABSTRACTS OF DECISION

(a) UNCITRAL abstract: Unavailable

(b) Other abstracts

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (Dutch): Nederlands Internationaal Privaatrecht (NIPR) 1995 No. 232 [196-197]

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

English: Ferrari, Nederlands Internationaal Privaatrechts (NIPR) 13 (1995) 317 [328]

Go to Case Table of Contents
Pace Law School Institute of International Commercial Law - Last updated February 7, 2002
Comments/Contributions
Go to Database Directory || Go to CISG Table of Contents || Go to Case Search Form || Go to Bibliography