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CISG CASE PRESENTATION

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


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Case identification

DATE OF DECISION: 19950809 (9 August 1995)

JURISDICTION: Netherlands

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

JUDGE(S): Drewes

CASE NUMBER/DOCKET NUMBER: 4367

CASE NAME: Wolfgang Richter Montagebau GmbH v. V.o.f. Handelsonderneming Euro-Agra and Te Wierik

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Germany (plaintiff)

BUYER'S COUNTRY: Netherlands (defendant)

GOODS INVOLVED: Unavailable


Classification of issues present

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

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 57(1)(a) ; 78

Classification of issues using UNCITRAL classification code numbers:

57A [Place for payment: in absence of agreement, payment at seller's place of business];

78B [Interest on delay in receiving price: rate of interest]

Descriptors: Payment, place of ; Interest

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Editorial remarks

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.

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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=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.217

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Pace Law School Institute of International Commercial Law - Last updated December 2, 2003
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