European Court of Justice 9 October 2002 Judgment of the Court of First Instance (Hans Fuchs Versandschlachterei KG v. Commission of the European Communities)
[Cite as: http://cisgw3.law.pace.edu/cases/021009eu.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: T-134/01
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: [-]
BUYER'S COUNTRY: [-]
GOODS INVOLVED: [-]
APPLICATION OF CISG: No. Dicta reference to the CISG at paragraph 56 of the judgment:
"56. As regards the admissibility of the ancillary claim for payment of interest, it must be observed that it is generally accepted in the laws of the Member States that a delay in payment involves a loss for which the creditor must be compensated. Similarly, Article 78 of the United Nations Convention on Contracts for the International Sale of Goods provides that if a party does not pay the price or any other sum which is due, the other party is entitled to interest on that sum. Community law recognizes an obligation to pay such compensation as a general principle of law (see, by way of example, Case 238/78 Ireks-Arkady v Council and Commission [1979] ECR 2955, paragraph 20, Case C-152/88 Sofrimport v Commission [1990] ECR I-2477, paragraph 32, and Joined Cases T-202/96 and T-204/96 Van Löwis and Alvarez-Cotera v Commission [1998] ECR II-2829)."
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
Descriptors:
CITATIONS TO ABSTRACTS OF DECISION
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
Unavailable
CITATIONS TO TEXT OF DECISION
Original language (English): See <http://curia.europa.eu/en/transitpage.htm>; also available in other languages
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
Go to Case Table of Contents
Pace Law School
Institute of International Commercial Law - Last updated July 9, 2007