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CISG CASE PRESENTATION

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]

Primary source(s) of information for case presentation: Commentary by Eleni ervogianni

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Case identification

DATE OF DECISION: 2003 (2003)

JURISDICTION: Greece

TRIBUNAL: Multi-Member Court of First Instance Thessalonika

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 22513/2003

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Italy

BUYER'S COUNTRY: Greece

GOODS INVOLVED: Machines


Classification of issues present

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

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 74 ; 78

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Unavailable

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Editorial remarks

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)

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Citations to case abstracts, texts, and commentaries

CITATIONS TO ABSTRACTS OF DECISION

(a) UNCITRAL abstract: Unavailable

(b) Other abstracts

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (Greek): Armenopoulos (Arm) 2003, 1802

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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