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No obligation under the Sales Agreement to provide a “type certificate” for wind turbines

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No obligation under the Sales Agreement to provide a “type certificate” for wind turbines

 

Amsterdam, 18 December 2025

On 16 December 2025, the Netherlands Commercial Court of Appeal (NCCA) gave a final judgment in a case between a Turkish operator of wind power plants (Meriç) and a Dutch wind turbine manufacturer (Lagerwey).

The decision on appeal

Following the earlier NCCA judgment in these proceedings dated 6 August 2024 the NCCA rules that Meriç has not proven its assertion that Lagerwey had the obligation under the Sales Agreement to obtain and provide a so called “type certificate" for the wind turbines. It follows that Lagerwey did not breach the Sales Agreement. Meriç's appeal is largely unsuccessful.

The cross-appeal

In the cross-appeal the Court largely follows Lagerwey's calculations on the amount to be repaid to Meriç after the partial termination of the Sales Agreement. The Court finds Meriç liable for some but not all damages claimed.

Full judgment

Read the full judgment: ECLI:NL:GHAMS:2025:3411

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