Case number: 99
Article number: sales convention / 1(1)(b); 78; 100
Thessaurs issue:
Country of decision: Netherlands
Year of decision: 1993
Type of decision: Judicial decision

Case 99: CISG 1(1)(b); 78; 100
Netherlands: Rechtbank Arnhem; 1992/182 25 February 1993
P.T. van den Heuvel (Netherlands) v. Santini Maglificio Sportivo di Santini P & C S.A.S. (Italy) Excerpts published in Dutch:
Nederlands Internationaal Privaatrecht (NIPR) 1993, 445
Reported on in English: [1995] UNILEX, D.93-6

(Abstract prepared by M. Sumampouw, Asser Institute)

The plaintiff, an Italian clothing manufacturer, demanded payment of the purchase price, plus interest, for clothes sold and
delivered to the defendant, a Dutch retailer of fashion goods. The defendant sought to set off against the plaintiff's claim its
claim for overcharging, for non-conformity of the goods with contract specifications and for damages due to breach of contract
by the plaintiff.

The court found that, pursuant to Dutch private international law, CISG was applicable as the law of Italy at the time of the
conclusion of the contract (articles 1(1)(b), 100 CISG). The court allowed set off in respect of the defendant's claim for
overcharging and non-conformity on the ground that neither party had contested the invoices of the other party. However, with
regard to the claim for damages, the court held that set off was not settled by the Convention and, applying Italian law,
rejected it.

The court found that the defendant had defaulted in the payment of the purchase price, and ordered the defendant to pay the
balance of the purchase price plus interest (78 CISG).