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

Case 100: CISG 1(1)(b); 78
Netherlands: Rechtbank Arnhem; 1992/1251 30 December 1993
Nieuwenhoven Viehandel GmbH (Germany) v. Diepeveen - Dirkson B.V. (Netherlands)
Excerpts published in Dutch: Nederlands Internationaal Privaatrecht (NIPR) 1994, 268
Reported on in English: [1995] UNILEX, D.93-26

(Abstract prepared by M. Sumampouw, Asser Institute)

The seller, a German company, sued the buyer, a Dutch company, demanding payment of the purchase price for a
consignment of live lambs sold and delivered to the buyer, plus interest. The buyer argued that the contract was avoided on the
ground that the lambs were not ready to be slaughtered.

The court found that CISG was applicable pursuant to Dutch private international law as the law of Germany in force at the
time of the conclusion of the contract (art. 1(1)(b) CISG). With regard to the fact that the lambs were not ready for slaughter,
the court found that this was irrelevant, since according to the contract only the weight of the lambs had to be measured and
that was found to be in conformity with the contract. The court awarded the full purchase price to the seller plus interest. It was
held that it was reasonable for the court to apply German law in order to determine the rate of interest, which was not settled in
the CISG, since the parties had agreed for payment of the price in German currency and, in any event, German law was
applicable pursuant to Dutch private international law (art. 78 CISG).