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The EEC Convention on Jurisdiction and Judgments of 27 September 1968 in Dutch Legal Practice*

Published online by Cambridge University Press:  21 May 2009

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Extract

A West German contractor, Peters, tendered for work in Kerkrade, the Netherlands, and commenced performance. He had omitted to inform the Zuid-Nederlandse Aannemers Vereniging (contractors association) of which he was a member, and to attend its ‘pre-tender meeting’. At that meeting a tender charge was determined which became due from Peters to the ZNAV according to its articles of association. Not being prepared to pay, he was sued in the District Court of 's-Hertogenbosch for the balance of his current account, to which he was also debited with his subscription fee of Dfl. 25,- for the current year.

Type
Shorter Articles
Copyright
Copyright © T.M.C. Asser Press 1987

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References

1. Article 740c(1) Comm. Code: ‘The persons mentioned in Article 740a cannot limit their liability for claims pertaining to damage caused by their personal fault’.

2. The ECJ referred to its decision of 2 July 1985 (148/84), NJ 1986 508, Rev. Crit. 1986 341 n. Gaudement-Tallon, Clunet 1986 469 note Huet: The order for enforcement is not liable to appeal by third parties as provided for by Article 496 of the French Nouv. CPrC.