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CISG-online 3044
Jurisdiction Netherlands
Tribunal Gerechtshof Arnhem-Leeuwarden
Chamber
Claimant Buyer
Respondent h.o.d.n. Autocentrum Sneek (seller)
Date of decision 23-Jan-2018
Case no./Docket no. 200.199.333/01
Seller's country Netherlands
Buyer's country Germany
Goods involved Used car (Chevrolet Trans Sport 3.4 F AWD) (Gebrauchter PKW (Chevrolet Trans Sport 3.4 F AWD))
Application of the CISG no, Art. 6
Key CISG provisions cited and discussed
CISG provisions also cited Art. 1(1)(a)
CISG provisions discussed, but not in fact cited Art. 6
Decision published in
Abstracts
CLOUT no. 0
Pace database (translation generally available)
Other translations
Case history Rechtbank Noord-Nederland, 8 June 2016, CISG-online 3042
present decision (affirming)

Text of decision Click here
Comments on decision In this appellate decision, the Court of appeal points out that the contract at hand falls into the CISG's material and formal sphere of application (Art. 1(1)(a) CISG). However, the court of first instance had "tacitly" applied Dutch domestic law in accordance with the parties`pleadings. As the non-application of the CISG had not been attacked by either party upon appeal, the Court of Appeals could not derogate from the court of first instance's approach, and also had to apply Dutch domestic law in place of the CISG.

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