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CISG-online number
7178
Case name
UPM Raflatac GmbH v. Label Plus B.V.
Jurisdiction
Netherlands
Court
Rechtbank Overijssel (District Court Overijssel)
Judge
H. Bottenberg-van Ommeren (Sole judge)
Date of decision
09 October 2024
Case nr./docket nr.
C/08/306250 / HA ZA 23-440
Claimant 1
Respondent 1
Seller 1
Buyer 1
Category of goods
64: Paper, paperboard and articles of paper pulp, of paper or of paperboard
Goods as per contract
Self-adhesive labels (brand name: Intercoat)
CISG applicable
no, Art. 6 (exclusion by parties during court proceedings)
(Domestic) law applied in addition
Dutch law
Relevant CISG provisions not cited
Art. 6
Non-provision-specific issues addressed
Set-off
European Case Law Identifier (ECLI)
ECLI:NL:RBOVE:2024:5215
Full text of decision 1
by Ulrich G. Schroeter
The part of the present decision dealing with the law applicable to the German-Dutch sales contract concerned (para. 35 of the decision) reads as follows (in translation):
"5.4.
The parties presented their positions primarily under Dutch law and alternatively under German law. It could be inferred from the general conditions used by UPM that the parties had declared German law applicable, but at the hearing the parties made a choice of law for Dutch law to the exclusion of the applicability of the Vienna Sales Convention. The Court therefore assessed the parties' claims under Dutch law."