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CISG CASE PRESENTATION

Netherlands 20 October 1995 Appellate Court 's-Hertogenbosch (Centurion Accumulatoren v. A & A)
[Cite as: http://cisgw3.law.pace.edu/cases/951020n1.html]

Primary source(s) for case presentation: Michael R. Will


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Case identification

DATE OF DECISION: 19951020 (20 October 1995)

JURISDICTION: Netherlands

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

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 600/94/RO

CASE NAME: Centurion Accumulatoren BV v. A & A GmbH

CASE HISTORY: 1st instance Rb Roermond (3627/HAZA 93-719) 28 April 1994 [reversed]

SELLER'S COUNTRY: Netherlands (plaintiff)

BUYER'S COUNTRY: Germany (defendant)

GOODS INVOLVED: [-]


Case abstract

NETHERLANDS: Hof '-Hertogenbosch 20 October 1995

Abstract by Franco Ferrari

Facts. Seller claims payment of the purchase price. Buyer rejects the competency of the Dutch court based on Sections 17 and 2 EEX. The Rb Roermond upheld buyer. Seller appeals.

Considerations. Rb Roermond 28 April 1994. To satisfy Section 17 EEX, the consensus between the parties on the choice of forum must be shown without a doubt. When only one party refers to the general terms and conditions and its choice-of-forum clause, that is not sufficient to show consensus. In this case, Section 2 EEX will lead to the competent court. The defendant must be summoned to appear before a court at his domicile. This court cannot be competent. Hof 's-Hertogenbosch 20 November 1995. Seller did not give buyer the opportunity to read the general terms and conditions. Neither the applicability of these terms nor their choice-of-forum clause was agreed upon. Therefore, section 17 EEX is not satisfied. However, the court is competent according to Section 5(1) EEX and Article 59(1) ULIS and Article 57(1)(a) CISG. The existence of an oral agreement is not proved. Section 17 EEX is therefore not satisfied. The RB Roermond is competent and must judge the case.

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Classification of issues present

APPLICATION OF CISG: Unclear, but if applicable it would be pursuant to Article 1(1)(a)

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 57(1)

Classification of issues using UNCITRAL classification code numbers:

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

Descriptors: Payment, place of ; Jurisdiction

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Editorial remarks

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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 (1996) No. 279 [388-390]

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated February 7, 2002
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