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CISG-online number
5249
Case name
Chikara Nederland B.V. v. Great Sun Europe et al.
Jurisdiction
Netherlands
Court
Rechtbank Utrecht (District Court Utrecht)
Judge
Ch.E. Bethlem (Sole judge)
Date of decision
18 June 2008
Case nr./docket nr.
227339 / HA ZA 07-486
Claimant 1
Name
Chikara Nederland B.V.
Place of business
Netherlands
Role in transaction
Seller
Respondents 2
Name
Great Sun Europe
Place of business
Netherlands
Role in transaction
Alleged buyer
Name
Great Sun Group Corp.
Place of business
Taiwan
Role in transaction
Buyer
Seller 1
Name
Chikara Nederland B.V.
Place of business
Netherlands
Buyer 1
Name
Great Sun Group Corp.
Place of business
Taiwan
Category of goods
77: Electrical machinery, apparatus and appliances, not elsewhere specified, and electrical parts thereof (including non- electrical counterparts, not elsewhere specified, of electrical household-type equipment)
Goods as per contract
Hitachi 10 inch panels
CISG applicable
no, Art. 6 (exclusion by the parties in their sales contract)
(Domestic) law applied in addition
Dutch law
Editorial remark
by Till Maier-Lohmann
The Court found Great Sun Europe (based in the Netherlands) not to have been the buyer under the contract concluded with the Dutch seller Chikara Nederland B.V., but instead merely an intermediary for the actual buyer, Great Sun Group Corp. (based in Taiwan). Since the parties had contractually opted to exclude the application of the CISG, the Court was spared the burden of examining whether the CISG can and should be applied with regard to a party having its seat in Taiwan.
European Case Law Identifier (ECLI)
ECLI:NL:RBUTR:2008:BD4303
Full text of decision 1
Full text of decision
Original language: Dutch