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CISG-online 2935
Jurisdiction Netherlands
Tribunal Rechtbank Rotterdam
Chamber
Claimant Algemene Vervoersverzekering, Onderlinge Verzekeringsonderneming (insurer); Anden Avenne Izegem N.V. (buyer); Dumoulin N.V. (buyer); Trading Flanders Company N.V. (buyer)
Respondent European Bulk Services (EBS) B.V. (transhipment company)
Date of decision 15-Nov-2017
Case no./Docket no. C/10/501711 / HA ZA 16-492
Seller's country
Buyer's country Belgium
Goods involved Soybeans (Sojabohnen)
Application of the CISG No
Key CISG provisions cited and discussed
CISG provisions also cited
CISG provisions discussed, but not in fact cited Art. 66; Art. 67
Decision published in
Abstracts
CLOUT no. 0
Pace database (translation generally available)
Other translations
Case history Present decision


Text of decision Click here
Comments on decision The court had to decide whether one of the Claimants suffered damage when the goods were damaged in the process of loading on a ship. Between the seller and the buyer of the transaction the CISG applied. CIF and FOB Incoterms were used in the transaction whereby the provisions of the CISG regarding the passing of risk were deviated from. Since not all goods had already been loaded when the goods were damaged, the court held that neither title nor risk had passed onto the buyers.

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