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CISG-online number
6515
Case name
Grevic B.V. v. […]
Jurisdiction
Netherlands
Court
Rechtbank Limburg (District Court Limburg)
Judge
S.L.M. van Venrooij (Sole judge)
Date of decision
20 September 2023
Case nr./docket nr.
C/03/314340 HA ZA 23-66
Claimant 1
Name
Grevic B.V.
Place of business
Belgium
Role in transaction
Buyer
Respondent 1
Place of business
Netherlands
Role in transaction
Seller
Seller 1
Place of business
Netherlands
Buyer 1
Name
Grevic B.V.
Place of business
Belgium
Category of goods
78: Road vehicles (including air-cushion vehicles)
Goods as per contract
Motorbike (type: Trask Performance bike) with custom-made modifications
CISG applicable
yes, Art. 1(1)(a)
CISG applied
no, the Court only applies concurrent domestic Dutch law after having stated that the CISG is applicable to the contract
(Domestic) law applied in addition
Dutch law
Non-provision-specific issues addressed
Remedies under domestic law (notably rescission of contract, claim for damages) because of party's mistake (error) at contract formation
European Case Law Identifier (ECLI)
ECLI:NL:RBLIM:2023:5701