PIL instrument(s)
European Enforcement Order (EEO)
Case number and/or case name
200.198.401_01
ECLI
ECLI:NL:GHSHE:2018:1755
Link to original version
Details of the court
Netherlands, Second Instance
Articles referred to by the court
European Enforcement Order (EEO)
Article Annex I
Date of the judgement
24 April 2018
Appeal history
None

C/02/296122 HA ZA 15-162 (District Court Zeeland-West-Brabant, location Breda)
CJEU's case law cited by the court
None
Summary
Unlawful act, committed by the buyer of a secondhand tractor to the (robbed) owner of that tractor, because the buyer did not investigate the origin of the tractor (leased in the Netherlands, sold in Belgium). The Court of Appeal, like the court in first instance, is of the opinion that, in the light of the aforementioned facts and circumstances, the appellant should have investigated further the authority of third party 1 before he bought the tractor. The court of appeal is of the opinion that the appellant had not complied with his obligation to investigate. Although appellant claimed that he actually did research, the court found that the investigation that appellant did was about the price of the tractor. That he did some research to the authorization of third party 1 could not be sufficient in accordance with the statements of appellant. Based on the facts and circumstances, the appellant must have understood that the tractor might have been obtained by a crime and he should therefore have investigated the origin of the tractor. By not doing this and by nevertheless proceeding to purchase and resell the tractor as an intermediary dealer, he acted in violation of a personal duty of care towards the defendant as the owner of the tractor. Through this purchase and sale, he infringed the property rights of the defendant and deprived the defendant of the possibility to claim the tractor as his property. The causal relationship between the actions of appellant and the damage of respondent is proven.

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