7 May 2004
N.V. KONINKLIJKE SPHINX GUSTAVSBERG v. COOPERATIEVE CENTRALE, RAIFFEISEN-BOERENLEENBANK B.A.
- Citation
- N.V. KONINKLIJKE SPHINX GUSTAVSBERG v. COOPERATIEVE CENTRALE, RAIFFEISEN-BOERENLEENBANK B.A.
- Court
- Court of First Instance
- Case number
- HCCL188/1997
The court found the beneficiary's certificate inconsistent with other presented documents and therefore discrepant under UCP Article 13(a); the bank's SWIFT rejection sufficiently described the discrepancy; additionally, even construing Article 14e narrowly to cover notification delay only, the bank gave notice without undue delay (sent on the fourth banking day), so it was not precluded from relying on the discrepancies; accordingly the plaintiff's claim was dismissed.