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CISG-online number
4592
Case name
Tankers International LLC, V.B.R. et al. v. Aegean Bunkers at Sea NV
Jurisdiction
Belgium
Court
Hof van Beroep Antwerpen (Court of Appeal Antwerp)
Date of decision
17 December 2012
Case nr./docket nr.
2010/AR/157
Claimants 2
Name
Tankers International LLC, V.B.R.
Place of business
Cyprus
Role in transaction
Buyer
Name
Tankers Agencies Ltd, V.B.R.
Place of business
Unspecified
Role in transaction
Buyer's agent
Respondent 1
Name
Aegean Bunkers at Sea NV
Place of business
Belgium
Role in transaction
Seller
Case History
Tankers International LLC, V.B.R. et al. v. Aegean Bunkers at Sea NV
Rechtbank van Koophandel Antwerpen (Commercial Court Antwerp)
Belgium, 01 October 2010, CISG-online 4586
Present decision affirming in part, reversing in part
Seller 1
Name
Aegean Bunkers at Sea NV
Place of business
Belgium
Buyer 1
Name
Tankers International LLC, V.B.R.
Place of business
Cyprus
Category of goods
33: Petroleum, petroleum products and related materials
Goods as per contract
6,200 metric tons of crude oil (IF 380 CST)
Price
2'870'600.00 USD (U.S. Dollar)
CISG applicable
yes, due to the applicability of the law of a CISG Contracting State
CISG applied
yes
(Domestic) law applied in addition
Belgian law
Key CISG provisions applied
Art. 14(1); Art. 22; Art. 75
CISG provisions also cited
Art. 16(1)
Editorial remark
by Till Maier-Lohmann
The seller accepted the buyer's offer to contract regarding the delivery of crude oil for a price of 463 USD per mt. Shortly thereafter, the seller realised that he had mistakenly accepted to sell for a price which he would pay for the purchase instead of the price for which he would sell the oil. He offered to sell the oil for a modified price of 480 USD per mt. The buyer ignored the offer, bought the oil from a third party for 507 USD per mt. and claimed the difference between the contract price and the price paid to the third party (272.800 USD). The court of first instance (CISG-online 4586) granted the buyer's claim in full. The Court of Appeal Antwerp affirmed that the contract was binding on the seller and he could not withdraw his acceptance under Art. 22 CISG. Yet, the court held that although the buyer generally can generally calculate his damages under Art. 75 CISG based on a cover transaction, the buyer should have accepted the seller's offer at 480 USD per mt., which is why the buyer's damages were reduced under Art. 77 CISG to 105.400 USD (difference between 463 and 480 USD per mt).
Decision published in 1
European Transport Law (ETL) (2014), 73–83
Case identifier in the old Albert H. Kritzer Database
121217b1
Full text of decision 1
Full text of decision
Original language: Dutch