Go to Database Directory || Go to CISG Table of Contents || Go to Case Search Form || Go to Bibliography
Search the entire CISG Database (case data + other data)

CISG CASE PRESENTATION

Switzerland 8 December 2000 Canton Appellate Court Vaud (Coffins case)
[Cite as: http://cisgw3.law.pace.edu/cases/001208s1.html]

Primary source(s) of information for case presentation: CISG-online website

Case Table of Contents


Case identification

DATE OF DECISION: 20001208 (8 December 2000)

JURISDICTION: Switzerland

TRIBUNAL: Tribunal Cantonal [Appellate Court] Vaud

JUDGE(S): Jomini et Cottier; M. Maye

CASE NUMBER/DOCKET NUMBER: 476/2000/FJO [CA99.000892]

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Switzerland

BUYER'S COUNTRY: Germany

GOODS INVOLVED: Coffins


UNCITRAL case abstract

SWITZERLAND: Vaud Cantonal Court 476/2000/FJO 8 December 2000

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/149],
CLOUT abstract no. 1403

Reproduced with permission of UNCITRAL

Abstract prepared by Thomas M. Mayer

The Swiss plaintiffs and the defendant based in Germany had entered into an exclusive distribution agreement for a particular kind of coffin. The agreement contained a choice of law clause in favour of Swiss law.

The court held that it was necessary to begin from the assumption that a choice of law in favour of a contracting State also extended to the CISG. Unable to ascertain further evidence of the specified intentions of the parties beyond the above clause, the court subsequently held that the CISG was applicable. In the light of article 4 of the CISG, however, it examined under Swiss law the defendant's objections invoking invalidity of the contract. It did likewise for the defendant's claim to have validly terminated the agreement.

The individual orders, however, were examined by the court in accordance with the CISG. The court examined in a similar manner the contract clause that required the defendant to order at least 1,000 coffins every six months, an obligation qualified under the Convention as incumbent on the seller. The court ordered the defendant to pay damages under article 74 of the CISG for unpaid orders and, by virtue of the defendant's prior obligation to place orders, for orders unplaced, as well as for the failure to order a further 2,000 coffins. The amount granted corresponded to the difference between the cost price and the market value of the goods. The court denied that there was a case for applying article 77 of the CISG on the grounds that it was for the defendant to allege the existence of circumstances likely to reduce the damages, which it failed to do. The defendant, citing the lack of administrative authorizations required for the sale of coffins at the time in question, failed furthermore to obtain application of article 79 of the CISG.

The court recognized the plaintiffs' right to interest on arrears under article 78 of the CISG. The amount of interest was fixed according to the national law as determined by Swiss private international law, namely, for the agreement in question, Swiss private law.

Go to Case Table of Contents

Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 4(a) ; 6 ; 53 ; 74 ; 77 ; 78 ; 79 [Provisions also cited: Articles 30 ; 58 ; 59 ; 61(1)(b) ; 62 ] [Provisions discussed, but not in fact cited: Articles 1 ; 2 ]

Classification of issues using UNCITRAL classification code numbers:

4B1 [Validity under domestic law];

74A1 [Includes loss of profit];

74A1 [Includes loss of profit];

78B3 [Applicable domestic law; compounding]

Descriptors: Choice of law, Damages, Exemptions or impediments, Interest, Mitigation of loss, Profits, loss of

Go to Case Table of Contents

Editorial remarks

Go to Case Table of Contents

Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (French): CISG-online website <http://www.globalsaleslaw.org/content/api/cisg/urteile/1841.pdf>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

Go to Case Table of Contents
Pace Law School Institute of International Commercial Law - Last updated November 19, 2014
Comments/Contributions
Go to Database Directory || Go to CISG Table of Contents || Go to Case Search Form || Go to Bibliography