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CISG CASE PRESENTATION

Switzerland 12 May 2003 Appellate Court Luzern (Used textile washing machine case)
[Cite as: http://cisgw3.law.pace.edu/cases/030512s1.html]

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

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Case identification

DATE OF DECISION: 20030512 (12 May 2003)

JURISDICTION: Switzerland

TRIBUNAL: OG Luzern [OG = Obergericht = Appellate Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 11 01 73

CASE NAME: Unavailable

CASE HISTORY: 1st instance [-]; 3d instance Bundesgericht 13 November 2003

SELLER'S COUNTRY: Germany (plaintiff)

BUYER'S COUNTRY: Switzerland (defendant)

GOODS INVOLVED: Used textile washing machine


UNCITRAL case abstract

SWITZERLAND: Appellate Court of the Canton of Lucerne (Used textile washing machine case) 12 May 2003 [11 01 73]

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/87],
CLOUT abstract no. 884

Reproduced with permission of UNCITRAL

Abstract prepared by Thomas M. Mayer

The German plaintiff sued the defendant, based in Switzerland, for payment of the sale price of a textile washing machine. The defendant refused to pay, stating that it had terminated the contract of sale on the ground of defects in the goods sold.

The court ruled on the requirements to be fulfilled for a declaration of avoidance of a contract within the meaning of article 49(1)(a) CISG. It concluded that, in the case under consideration, those requirements had not been met.

The court also ruled on the computation of periods of time within the meaning of articles 38(1) and 39(1) CISG. In the case under consideration it applied periods of one week and one month respectively and found that those two periods had been complied with.

The court laid the burden of proof of the defects on the defendant. The Swiss Federal Court, which was subsequently to hear the case, upheld that finding but on the basis of a different reasoning (ATF 130 III 258). On examination, only one defect was established. However, in the view of the court, that defect had not given rise to any loss of value of the goods sold. The defendant's subsidiary claim for a price reduction (article 50 CISG) was therefore dismissed. The plaintiff's suit for payment of the sale price was entirely successful.

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Classification of issues present

APPLICATION OF CISG: Yes [Article 1(1)(a)]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 38(1) ; 39(1) ; 49 [Also cited: Articles 7(2) ; 45 ; 50 ; 60(b) ]

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Unavailable

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Editorial remarks

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

German: [2004] Revue de la Société des juristes bernois (RJB) 704 et seq.

CITATIONS TO TEXT OF DECISION

Original language (German): Link to pdf presentation of case text from CISG-online.ch case overview <http://www.cisg-online.ch/cisg/overview.cfm?test=846>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

English: [2005] Schlechtriem & Schwenzer ed., Commentary on UN Convention on International Sale of Goods, 2d (English) ed., Oxford University Press, Art. 35 para. 49

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Pace Law School Institute of International Commercial Law - Last updated December 10, 2009
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