Austria 16 September 2002 Appellate Court Graz (Garments case)
[Cite as: http://cisgw3.law.pace.edu/cases/020916a3.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 2 R 62/02h
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Austria (plaintiff)
BUYER'S COUNTRY: Germany (defendant)
GOODS INVOLVED: Garments
AUSTRIA: Oberlandesgericht Graz 16 September 2002
Case law on UNCITRAL texts (CLOUT) abstract no. 540
Reproduced with permission from UNCITRAL
Abstract prepared by Martin Adensamer, National Correspondent
A German buyer purchased garments from an Austrian seller, but did not take delivery of the goods. After requesting the buyer by fax and telephone to take possession, the seller sold the goods to other buyers at a significantly lower price and sued the first buyer to recover the difference between the original agreed price and the actual price the seller had received.
The Court of Appeal found that, as the buyer was in unreasonable delay in taking possession of the goods, the seller was entitled under article 88 CISG to sell the goods elsewhere. The Court found that the seller had complied with his duty to give proper notice to the buyer of its intention to sell the goods by fax and telephone. The Court also found that the fourteen days term indicated by the seller to the buyer to take possession of the goods was reasonable within the meaning of article 88 CISG. Finally, the Court stated that the fact that the fax, although sent to the correct number, might have failed to actually reach the buyer did not deprive the seller of the right to rely on the communication under article 27 CISG.
Go to Case Table of ContentsAPPLICATION OF CISG: Yes
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
Descriptors:
CITATIONS TO OTHER ABSTRACTS OF DECISION
Unavailable
CITATIONS TO TEXT OF DECISION
Original language (German): Unavailable
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
Go to Case Table of Contents
Pace Law School
Institute of International Commercial Law - Last updated February 15, 2006