A German buyer and a Dutch seller concluded a contract for the purchase of a sail yacht. Dutch law was chosen by the parties as the law governing the contract. Soon after delivery a technical problem occured with regard to the yacht. Through email the seller instructed the buyer how to solve the problem. The buyer followed instructions and had the appropriate repairs carried out. The buyer then sued the seller claiming the reimbursement of a large part of the reparation costs plus interest and procedural costs. In the opinion of the buyer, the lack of conformity of the goods amounted to a fundamental breach of contract by the seller under the CISG. The seller objected that the buyer had failed to meet one of the agreed contract clauses, according to which the buyer should have hired external experts to inspect the ship at the time of the sale.
The Court held that the yacht concerned had to be considered as a ship according to Art. 2(e) CISG. Therefore it decided that CISG was not applicable to the merits of the dispute.
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