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CISG-online number
7206
Case name
Portuguese clogs case
Jurisdiction
Netherlands
Court
Rechtbank Overijssel (District Court Overijssel)
Judge
C.A. de Beaufort (Sole judge)
Date of decision
06 November 2024
Case nr./docket nr.
C/08/309410 / HA ZA 24-44
Claimant 1
Name
[…] Lda
Place of business
Portugal
Role in transaction
Seller
Respondent 1
Name
[…] B.V.
Place of business
Netherlands
Role in transaction
Buyer
Seller 1
Name
[…] Lda
Place of business
Portugal
Role in trade
Manufacturer of the goods sold
Buyer 1
Name
[…] B.V.
Place of business
Netherlands
Category of goods
85: Footwear
Goods as per contract
Clogs (shoes)
CISG applicable
yes, Art. 1(1)(a)
CISG applied
yes
Key CISG provisions interpreted and applied
Art. 3(1); Art. 38; Art. 39; Art. 74; Art. 78
CISG provisions also cited
Art. 35(1); Art. 35(2)
Non-provision-specific issues addressed
Recoverability of extra-judicial collection costs
This decision cites the following CISG-AC Opinions 3
CISG-AC Opinion No. 2 ‘Examination of the Goods and Notice of Non-Conformity – Articles 38 and 39’ (Rapporteur: Eric E. Bergsten), adopted by the CISG Advisory Council on 7 June 2004
CISG-AC Opinion No. 4 ‘Contracts for the Sale of Goods to be Manufactured or Produced and Mixed Contracts (Article 3 CISG)’ (Rapporteur: Pilar Perales Viscasillas), adopted by the CISG Advisory Council at its 7th meeting in Madrid (Spain) on 24 October 2004
CISG-AC Opinion No. 14 ‘Interest under Article 78 CISG’ (Rapporteur: Yesim Atamer), adopted by the CISG Advisory Council following its 18th meeting in Beijing (China) on 21 and 22 October 2013
European Case Law Identifier (ECLI)
ECLI:NL:RBOVE:2024:5774
Full text of decision 1
Full text of decision
Original language: Dutch