CISG CASE PRESENTATION

Finland 14 October 2005 Korkein oikeus [Supreme Court] (Log house case)
[Cite as: http://cisgw3.law.pace.edu/cases/051014f4.html]

Case Table of Contents

• Case identification
• UNCITRAL abstract
• Classification of issues present
• Editorial remarks
• Citations to case abstracts, texts, and commentaries

• Guide to links contained in case presentations

Case identification

DATE OF DECISION: 20051014 (14 October 2005)

JURISDICTION: Finland

TRIBUNAL: Korkein oikeus [Supreme Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: KKO 2005:114

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Finland (plaintiff)

BUYER'S COUNTRY: Germany (defendant)

GOODS INVOLVED: Log house

FINLAND: Finnish Supreme Court 14 October 2005

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/83],
CLOUT abstract no. 843

Reproduced with permission of UNCITRAL

The plaintiff, a Finnish seller of log houses, sold a family house to a German buyer, who at the same time became the sales agent of the Finnish seller in Germany. The buyer, however, failed to make the last payment for the house and the plaintiff brought proceedings against the defendant in the court of the seller's place of business in Finland. According to the defendant, though, the Finnish court did not have jurisdiction.

The Supreme Court held that since the house had been purchased not only for personal use, but partly for the professional use of the agent, in accordance with article 2 (a) CISG, the Convention applied to the case. The court further stated that, according to article 57(1) (a) CISG, the buyer must pay the price to the seller at the seller's place of business. Therefore, the seller could bring proceedings against the buyer in Finland, pursuant to the 1968 Convention on jurisdiction and the enforcement of judgements in civil and commercial matters (so called Brussels Convention).

Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 2(a) ; 57(1)(a)

Classification of issues using UNCITRAL classification code numbers:

2A [Purchase for personal, family or household use: purchase partly for professional use];

57A [Place for payment: in absence of agreement, payment at seller's place of business]

Descriptors: Consumer sales ; Payment, place of ; Jurisdiction

Editorial remarks

• Unavailable

Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (Finnish): [2005] Korkeimman oikeuden ratkaisuja II, KKO 2005: 114; [2005] KKO: n ratkaisut kommentein II (ed. Pekka Timonen), KKO 2005: 114; <http://www.finlex.fi/fi/oikeus/kko/kko/2005/20050114>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable