Croatia 26 September 2006 High Commercial Court (Roraco Vertriebsges GmbH v. Hospitalija d.o.o.)
[Cite as: http://cisgw3.law.pace.edu/cases/060926cr.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: Pz-5580/03-3
CASE NAME:
CASE HISTORY: 1st instance Commercial Court Zagreb [reversed]
SELLER'S COUNTRY: Austria (plaintiff)
BUYER'S COUNTRY: Croatia (defendant)
GOODS INVOLVED: [-]
CROATIA: High Commercial Court 26 September 2006 [Pz-5580/03-3]
Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/91],
CLOUT abstract no. 918
Reproduced with permission of UNCITRAL
The Austrian seller commenced an action in the Commercial Court of Zagreb against the Croatian buyer for the payment of price. The court ruled in favour of the seller and ordered the buyer to pay the price with interest accrued under the Croatian law. The High Commercial Court reversed the decision. It first noted that the commercial court should have applied the CISG pursuant to article 1(1)(a) CISG and not the Croatian municipal law. Furthermore it noted that under article 30 CISG, the seller has the duty to deliver the goods to the buyer. The court found that it was not proved in the first instance that the seller had performed its obligation to deliver the goods in accordance with this provision. The court also held that on the basis of article 78 and 7(2) CISG, as well as article 20 Croatian Private International Law Act, the applicable interest rate was that provided by Austrian law, as the law of the seller, and not Croatian law.
Go to Case Table of ContentsAPPLICATION OF CISG: Yes [Article 1(1)(a)]
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
Descriptors:
Excerpt from Marko Baretic / Saka Niksik, "Croatia", in: Franco Ferrari ed., The CISG and its Impact on National Legal Systems, Sellier European Law Publishers (2008) 101-102.
"[T]he High Commercial Court quashed the decision of the Commercial Court in Zagreb, arguing that the case involved a dispute arising out of an international sales contract between a seller from Austria and a buyer from Croatia and that, since the parties to the contract did not explicitly exclude the application of the CISG, nor agree on a national substantive law to be exclusively applicable to their contract, the lower court should have resolved the dispute on the basis of the CISG."
Go to Case Table of ContentsCITATIONS TO OTHER ABSTRACTS OF DECISION
Unavailable
CITATIONS TO TEXT OF DECISION
Original language (Croatian): Published at <http://www.vsrh.hr>
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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Institute of International Commercial Law - Last updated May 10, 2010