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CISG-online number
7534
Case name
MS Amlin Insurance et al. v. Eco Tendance S.a.r.l. et al.
Jurisdiction
France
Court
Cour d'appel de Toulouse (Court of Appeal Toulouse)
Chamber
1ére Chambre, Section 1 (1st Chamber, Section 1)
Judges
M. Defix (Presiding Judge), J.C. Garrigues (Judge), S. Leclercq (Judge), N. Diaby (Griffier)
Date of decision
14 March 2023
Case nr./docket nr.
19/03060
Claimant 1
Name
Monsieur D[...]
Place of business
France
Role in transaction
End-user of product(s) which had been manufactured with the goods being used as supplies
Respondents 6
Name
Eco Tendance S.a.r.l. (doing business as Wood Chop)
Place of business
France
Role in transaction
Buyer of products which had been manufactured with the goods being used as supplies
Name
Inter Mutuelles Entreprises SA (formerly Matmut)
Place of business
France
Role in transaction
Insurer of buyer of products which had been manufactured with the goods being used as supplies
Name
Établissements André Bondet S.A.
Place of business
France
Role in transaction
Buyer
Name
MMA IARD
Place of business
France
Role in transaction
Buyer's insurer
Name
Beologic NV
Place of business
Belgium
Role in transaction
Seller
Name
MS Amlin Insurance (formerly Amlin Insurance SE)
Place of business
Netherlands
Role in transaction
Seller's insurer
Case History
Monsieur D[...] v. Eco Tendance S.a.r.l. et al.
Tribunal de Grande Instance d'Albi (District Court Albi)
France, 18 June 2019 – 17/00339, CISG-online 7373
Present decision
Seller 1
Name
Beologic NV
Place of business
Belgium
Buyer 1
Name
Établissements André Bondet S.A.
Place of business
France
Role in trade
Manufacturer purchasing goods as supplies for production purposes
Category of goods
24: Cork and wood
Goods as per contract
Component used for manufacturing BELAVIA-type composite wood decks
CISG applied
no, because the Court of Appeal Toulouse ruled that the claims in recourse brought by French company Eco Tendance Sarl against French CISG buyer Établissements André Bondet S.A. and Belgian CISG seller Beologic NV had been inadmissible, because these claims had only been brought after Eco Tendance's insolvency proceedings had already been concluded and the company thereby had lost its legal personality
(Domestic) law applied in addition
French law
CISG provisions also cited
Art. 35; Art. 36; Art. 38; Art. 39; Art. 40
Full text of decision 1
Full text of decision
Original language: French