Reference no: EM131071568

Van Tubergen BV established in Lisse, Holland sells 50,000 tulip bulbs to Floricultures de la Maresma "Florimar" Soc. Coop. Lmta. from Barcelona, Spain to be delivered EXW (Ex Works) at the place of business of the seller. Transportation has been arranged by Van Tubergen as agreed on by the parties, and is carried out by Docks de Bourgogne, a transporting company established in Holland. Because of engine trouble of the truck, Docks delivers the bulbs two days late: when checking the goods on delivery, Florimar finds that half of the bulbs have gone bad and that the rest of the bulbs are no longer fit for sale. This is due to the delay, but also due to the fact that a truck with cooling equipment and isotherm walls should have been used for transporting these bulbs, instead of a conventional truck, like the one used by Docks. Florimar refuses to pay the price of € 25,000.00 - agreed on by the parties and refuses to accept the goods. Van Tubergen claims compensation for its damages from Docks.

Based on the Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters also known as The 2001 Brussels I Regulation please answer the following questions and briefly explain your answer to each question. Question 1 What court of law has jurisdiction, in case of a lawsuit from Van Tubergen against Florimar? Question 2 What court of law has jurisdiction, in case of a lawsuit from Florimar against Docks? II. On 1 April 2012 Jungle Jeans B.V. from Enschede (Holland) close a contract with Wolfgang Hauser GmbH from Emden (Germany) concerning the sale and delivery of 1,500 outdoor trousers in various sizes. According to their contract the goods are to be delivered on 5 May 2012. Wolfgang Hauser pays € 25,000.00 in advance. On delivery it turns out that the quality of the zipper is not in order. And there is also a mistake made concerning the sizes: nearly all the trousers are of the sizes ‘S' (too small) or ‘XXL' (very large indeed) and this is not what parties agreed on. Replacing the zipper with a better one will take four weeks and within that period of time the number of trousers with the right sizes that Wolfgang Hauser ordered will also become available. A new delivery will be made on 5 June 2012. This is a problem because Wolfgang Hauser GmbH has already made contracts on 11 April 2012 with five stores in Germany to deliver the trousers on 10 May 2012. Wolfgang Hauser now is liable for fines up to € 5,000.00. There is also the possibilityof buying the trousers elsewhere: buying the trousers from StarGap B.V. (Holland) however will cost Wolfgang Hauser an extra € 10,000.00. Wolfgang Hauser GmbH starts litigation against Jungle Jeans B.V. on 7 May 2012. Based on the Convention on Contracts for the International Sale of Goods (CISG) please answer the following question.

Question What legal options and perhaps liabilities/remedies does Wolfgang Hauser have in the case in each of the following instances and based on the above facts?

• It wants to wait for Jungle Jeans to deliver trousers on 5th June 2012 and therefore has to pay € 5,000.00 in fines?

• It wants to buy the trousers from StarGap B.V. (instead of Jungle Jeans B.V.) in order to make delivery to his German customers in time?