Search for cases

CISG-online number
5398
Case name
Sale of horse via internet auction case
Jurisdiction
Netherlands
Court
Rechtbank Oost-Brabant (District Court Oost-Brabant)
Judge
W. Schoorlemmer (Sole judge)
Date of decision
31 August 2020
Case nr./docket nr.
C/01/360225 / KG ZA 20-386
Claimant 1
Place of business
Non-Contracting State of the CISG (no further specification)
Role in transaction
Buyer
Respondent 1
Place of business
Netherlands
Role in transaction
Seller
Seller 1
Place of business
Netherlands
Buyer 1
Place of business
Non-Contracting State of the CISG (no further specification)
Category of goods
0: Live animals other than animals in division 03
Goods as per contract
11 years old stallion (male horse)
Price
49'280.00 EUR (Euro)
CISG applicable
no, Art. 2(b)
(Domestic) law applied in addition
Dutch law
Key CISG provisions interpreted and applied
Art. 2(b)
Editorial remark
by Ulrich G. Schroeter
A Dutch seller posted an offer for the sale of a stallion (11 years old) on an internet auction platform that specialized in horse auctions. The highest bid was made by a buyer from an (unnamed) CISG Non-Contracting State. When the buyer subsequently sued the seller, claiming a non-conformity of the horse, the District Court held (in para. 21 of the decision) that the Sales Convention did not apply to the sales contract, because Art. 2(b) CISG also excludes sales by internet auction from the Convention's scope. (The District Court accordingly applied domestic Dutch law to the transaction.)
European Case Law Identifier (ECLI)
ECLI:NL:RBOBR:2020:4334
Full text of decision 1
Full text of decision
Original language: Dutch