Greece 2003 Decision 22513/2003 of the Multi-Member Court of First Instance of Thessalonika (Machines case) [editorial analysis available]
[Cite as: http://cisgw3.law.pace.edu/cases/030513gr.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 22513/2003
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Italy
BUYER'S COUNTRY: Greece
GOODS INVOLVED: Machines
APPLICATION OF CISG: Yes [Article 1(1)(b)]
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
Descriptors:
Excerpt from Eleni Zervogianni, "Greece", in: Franco Ferrari ed., The CISG and its Impact on National Legal Systems, Sellier European Law Publishers (2008) 174-175
"In [this] decision the Multi-Member Court of First Instance of Thessalonika explicitly applied the CISG on the basis of Art. 1(b) of the Convention in the case of breach of a contract concluded between an Italian seller and a Greek buyer. In the case in question, the machines sold were defective and the buyer incurred expenses in order to proceed to the necessary repairs as well as loss of profits due to his inability to use the purchased machine. The seller accurately referred to the CISG provisions on the rights of the buyer in case of breach of duty by the seller and judged that the latter should cover the costs of repair of the buyer and compensate him for his lost profits. Since all amounts were in arrear, it was recognized that the buyer was also entitled to interest. However, the court seems to have assumed that the applicable interest rate would be the Greek one, without proceeding to the further examination of the issue." (citations omitted)
Go to Case Table of ContentsCITATIONS TO ABSTRACTS OF DECISION
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
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CITATIONS TO TEXT OF DECISION
Original language (Greek): Armenopoulos (Arm) 2003, 1802
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
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