A Dutch company sold a trailer to a German buyer. The buyer terminated the contract invoking delay in the performance and a defective roof construction. The seller commenced an action for payment of the price.
The Court in order to determine whether it had jurisdiction inquired where the price had to be paid (Art. 5(1) Brussels Convention). It therefore applied CISG, which it held applicable because the object of sale was a moveable (Art. 3 CISG).
The Court concluded that it had jurisdiction, because the price had to be paid in the Netherlands, this being the seller's place of business and the place of handing over of the goods (Art. 57 CISG). |