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CISG-online number
3044
Case name
Chevrolet Trans Sport 3.4 F AWD case
Jurisdiction
Netherlands
Court
Gerechtshof Arnhem-Leeuwarden (Court of Appeal Arnhem-Leeuwarden)
Date of decision
23 January 2018
Case nr./docket nr.
200.199.333/01
Claimant 1
Respondent 1
Case History
Seller 1
Buyer 1
Category of goods
78: Road vehicles (including air-cushion vehicles)
Goods as per contract
Used car (Chevrolet Trans Sport 3.4 F AWD)
Price
2'250.00 EUR (Euro)
CISG applicable
yes, Art. 1(1)(a)
CISG applied
no, because none of the parties had raised the CISG’s applicability in their appellate pleadings
(Domestic) law applied in addition
Dutch law
CISG provisions also cited
Art. 1(1)(a)
Relevant CISG provisions not cited
Art. 6
Editorial remark
In this appellate decision, the Court of appeal points out that the contract at hand falls into the CISG's material and formal sphere of application (Art. 1(1)(a) CISG). However, the court of first instance had "tacitly" applied Dutch domestic law in accordance with the parties`pleadings. As the non-application of the CISG had not been attacked by either party upon appeal, the Court of Appeals could not derogate from the court of first instance's approach, and also had to apply Dutch domestic law in place of the CISG.
Full text of decision 1
