Gemaakt door: Lucas van Beek (Lucas1) Commerciële economie (Sportmarketing)
Opdracht 1. Sigma
Sigma Alimentos S.A., headquartered in San Pedro Garza Garcia (Mexico), a
Mexican agricultural producer, sent a written document to ALDI, a large
German supermarket chain on May 4, 2019, stating that they were ready to
sell an amount of very special, rare avocados at a price of € 0,10 per unit. The
document arrived the next day. The price, the quality of the goods and the
time and place of delivery were quite good. Thus, ALDI replied that they
accepted, by sending a written notice on May 10, which arrived the next
morning. Sigma Alimentos confirmed by replying via e-mail one day later.
In the afternoon of May 13, Sigma Alimentos received a mail from JUMBO, a
large Dutch enterprise, with an order three times larger than the one from
ALDI. Sigma Alimentos’ export manager was so stressed out that he called
ALDI saying that the deal was off.
ALDI is threatening with a lawsuit since they had already incurred in financial
expenses for which they request your legal advice.
Give a motivation and mention the relevant articles with each answer!
Question a.
Describe in detail:
Does the CISG apply to the contract between Sigma Alimentos and ALDI?
Yes,
Mexico and Germany are both in the CSIG in article 1
Its about the sale of goods so the CSIG applies between SIGMA and ALDI, Mexico and
Germany are both member states.
Juiste antwoord:
The agreement concerns: Sale of goods(article 1 CSIG), between 2 parties from different
states (Mexico and Germany both member states. Article 2 CISG, both parties are
profesionnals.
Conclusion: Yes, CSIG applies.
1
Samenvatting boek: A Basic Guide To International Business Law Auteur: Mr. H. Wevers
,Gemaakt door: Lucas van Beek (Lucas1) Commerciële economie (Sportmarketing)
Question b.
Until when could Sigma Alimentos withdraw his offer? (name the exact
moment and date)
Article 15,
Mogelijk tot 5 Mei, het moet aankomen voor of tegelijkertijd, dan is de offer teruggetrokken
Goede antwoord:
Article 15 CSIG.
Up to and including the moment Sigmas offer reaches ALDI. Nederlands: tot het moment
Sigmas brief ALDI bereikt.
Dus op 5 Mei.
Question c.
Until when could Sigma Alimentos revoke his offer? (name the exact moment
and date)
Goede antwoord:
Article 16 CSIG.
Revocation is possible before the offeree has sent his acceptance.
10 MEI.
Question d.
When exactly is the agreement between Sigma Alimentos an Aldi concluded?
(name the exact moment and date)
Wanneer de offer bij Aldi binnenkomt op de deurmat/inbox, dus 5 May
Goede antwoord:
Artikel 23 en artikel 18 CSIG
*Art 23 : contract is concluded when he acceptance is effective
*art 18: acceptance by Aldi is effective when it reaches the offer SIGMA.
11 Mei ( smorgens).
2
Samenvatting boek: A Basic Guide To International Business Law Auteur: Mr. H. Wevers
, Gemaakt door: Lucas van Beek (Lucas1) Commerciële economie (Sportmarketing)
Opdracht 2. Real Parque
Real Parque is a very large hotel in Lisbon, Portugal. The hotel offers luxurious rooms for
more than 2.500 guests. Because many of their German guests prefer German Beer, the
hotel buys 500 cases of premium beer from Bitsteiner GmbH from Germany. In a telephone
call, both parties agreed that – in case of legal problems – a German court of law would have
jurisdiction.
The beer was delivered on the proper date, but the following day, the hotel discovers that half
of the cases contain beer that has exceeded the sell-by date. They immediately inform
Bitsteiner of this fact.
Question
What court of law has jurisdiction, in case of a lawsuit from Real Parque against Bitsteiner?
Write down all the necessary steps to reach your conclusion!
Real parquet = plaintiff
Bitsteiner = defendant
- Stap A: No valid choose made, see art. 25 Brussels 1
- Stap B: Brussels 1 does apply
Art. 1 & 4 Brussels 1: Commercial matter, defendant lives in Germany
- Stap C: No
- Stap D:
Art. 4 Brussels 1 -> place of defendant Bitsteiner = German
Art. 7 Brussels 1 -> place of delivery = Portugal
The plaintiff can choose, so Real Parque can choose the court of law.
Antwoord les:
Stap A: no choice made by the parties
See art. 25 Brussels 1: the choice must be in writing!
Stap B: art. 1 Brussels 1:
Civil matter
None of the exceptions
Art. 4 Brussels 1:
Defendant Bitseiner lives in Germany = memberstate
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Samenvatting boek: A Basic Guide To International Business Law Auteur: Mr. H. Wevers
