Netherlands 9 August 1995 District Court Almelo (Wolfgang Richter Montagebau v. Handelsonderneming Euro-Agra and Te Wierik)
[Cite as: http://cisgw3.law.pace.edu/cases/950809n1.html]
Primary source(s) for this case presentation: F. De Ly; Michael R. Will; Unilex abstract
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 4367
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Germany (plaintiff)
BUYER'S COUNTRY: Netherlands (defendant)
GOODS INVOLVED: Unavailable
APPLICATION OF CISG: Yes [Article 1(1)(a)]
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code
numbers:
78B [Interest on delay in receiving price: rate of interest]
EDITORS: Franco Ferrari and Albert H. Kritzer
The country of the seller was Germany, of the buyer Netherlands. The CISG was in effect in
both countries at the time of conclusion of the contract. The court applied the CISG.
Issues ruled upon:
Payment, place of/Interest, rate of. The court stated: "The CISG
gives no
interest rate when payment of the
purchase price is delayed. The payment must be made at the place of
business of the [seller] (according to
Article 57(1)(a)), because it is neither posed nor established that
there was another place. Therefore, the
claimed interest rate must be judged according to the German legal rate of
interest.
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
English: Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=155&step=Abstract>
Italian: Diritto del Commercio Internazionale (1997) 743 No. 157
CITATIONS TO TEXT OF DECISION
Original language (Dutch): Nederlands Internationaal
Privaatrecht (NIPR) 1995 No. 520 [686]; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=155&step=FullText>
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
English: Ferrari, International Legal Forum (4/1998) 138-255 [254 n.1083 (interest issues)]; Liu Chengwei, Recovery of interest (November 2003) n.217Classification of issues present
Editorial remarks
Citations to case abstracts, texts, and commentaries
CITATIONS TO ABSTRACTS OF DECISION
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Commercial Law - Last updated December 2, 2003