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CISG-online number
2515
Case name
Feinbäckerei Otten GmbH & Co. KG v. Rhumveld Winter & Konijn B.V.
Jurisdiction
Netherlands
Court
Gerechtshof Den Haag (Court of Appeal The Hague)
Judges
E.J. van Sandick (Presiding Judge), A.R. van de Veen (Judge), C.J.J.C. van Nispen (Judge)
Date of decision
22 April 2014
Case nr./docket nr.
200.127.516-01
Claimants 2
Respondent 1
Case History
Seller 1
Buyer 1
Category of goods
5: Vegetables and fruit
Goods as per contract
12,000 dried apple rings
CISG applicable
yes
CISG applied
yes
Key CISG provisions interpreted and applied
Art. 7(1); Art. 8(2) (incorporation of standard terms into CISG contract)
Key CISG provisions applied
Art. 8(3); Art. 9; Art. 14; Art. 18
This decision cites the following other CISG-online cases 6
This decision cites the following CISG-AC Opinion 1
This decision is cited by 9
Decision published in 2
European Case Law Identifier (ECLI)
ECLI:NL:GHDHA:2014:1341
Case identifier in the old Albert H. Kritzer Database
140422n1
Full text and translation of decision 2
by Ulrich G. Schroeter
This appellate decision was rendered in a dispute between a German buyer of apple rings and his insurer (Claimants) and a Dutch seller (Respondent).
The Dutch seller had challenged the jurisdiction of the Dutch courts by alleging that the "Conditions of the Netherlands Association for the Trade in Dried Fruit, Spices and Allied Products" (NZV Conditions), which contain an arbitration clause, had been incorporated into the parties' CISG contract.
The Court of Appeal The Hague held that Arts. 8 and 14-24 CISG govern the inclusion of standard terms into CISG contracts. Following the German Supreme Court's decision in the "Machinery case" (CISG-online 617) as well as the CISG-AC Opinion No. 13, the Court of Appeal furthermore held that a party aiming at including standard terms into a CISG contract has to make the standard terms' text available to the other party, and that neither a mere reference to the terms' text being registered at a Chamber of Commerce nor an offer to send the terms' text free of charge upon request suffices in this regard.
Accordingly, the Court of Appeal concluded that the NZV Conditions had not become part of the parties' contract in the present case and affirmed the Dutch courts' jurisdiction over the dispute.