Data

Date:
15-02-2023
Country:
Netherlands
Number:
C/10/630663 / HA ZA 21-1108
Court:
Rechtbank Rotterdam
Parties:
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Keywords

LACK OF CONFORMITY OF GOODS (ART. 35 CISG) – CONFORMITY TO PUBLIC LAW REQUIREMENTS IN THE BUYER’S COUNTRY – BUYER'S DUTY TO INFORM THE SELLER OF THE EXISTENCE OF SUCH REQUIREMENTS

Abstract

A Greek transportation company bought a trailer from a Dutch company. The trailer had been advertised on the seller’s website as being equipped with anti-lock braking (ABS) technology; yet, after delivery, the buyer found that ABS was lacking. Relying on the fact that the presence of this technology is a prerequisite under Greek law for the use of this kind of vehicles across the country, the buyer declared the contract terminated alleging a fundamental breach of contract by the seller (Arts. 25 and 49(1)(a) CISG).

The Court ascertained that the contract between the parties was governed by CISG (Art. 1(1)(a)) and, as to the merits, it rejected the buyer’s claim, as it found that the seller had no committed any fundamental breach of contract. In reaching such a conclusion, the Court observed that, even if one could presume that the parties had agreed on the trailer being equipped with an ABS, absent a clear evidence by the buyer in this respect, the fact remained that the seller did not foresee nor could not have foreseen that the lack of an ABS would have precluded the trailer to be driven on the Greek roads. Under the Convention, in fact, the Court pointed out, the seller did not have to be aware of the legal standards concerning the quality of the goods applicable in the buyer‘s country; yet it is up to the buyer to inform the seller of the existence of such requirements before contract conclusion. The mere mention of the country where the goods will be used could not be considered as sufficient to this effect. As the buyer failed to demonstrate that it had properly informed the seller of the relevant requirements, its claim had to be dismissed.

Fulltext

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Source

Original in Dutch:
- available at www.cisg-online.org}}