In 1986 a French seller and a Dutch buyer entered into a contract for the sale of bale compressors. A dispute arose between the parties.
The court of first instance [Arrondissementsrechtbank Almelo, 21- 06-1989] held that French law applied. It further held that the CISG was not applicable as the contract had been concluded before the date of entry into force of CISG in France (Art. 100 CISG). The court of appeal [Gerechtshof Arnhem, 12-09-1990] held that Dutch law applied and that the 1964 Hague Convention relating to a Uniform Law on the International Sale of Goods (ULIS) was applicable. The Supreme Court confimed the appellate court decision. |