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CISG CASE PRESENTATION

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]

Primary source(s) of information for case presentation: Commentary by Marko Baretic & Sasa Niksik

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Case identification

DATE OF DECISION: 20060926 (26 September 2006)

JURISDICTION: Croatia

TRIBUNAL: High Commercial Court

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: Pz-5580/03-3

CASE NAME: Roraco Vertriebsges GmbH v. Hospitalija d.o.o.

CASE HISTORY: 1st instance Commercial Court Zagreb [reversed]

SELLER'S COUNTRY: Austria (plaintiff)

BUYER'S COUNTRY: Croatia (defendant)

GOODS INVOLVED: [-]


UNCITRAL case abstract

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

Abstract prepared by David Babic

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.

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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 7(2) ; 30 ; 78

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Unavailable

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Editorial remarks

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."

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Citations to other abstracts, case texts and commentaries

CITATIONS 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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Pace Law School Institute of International Commercial Law - Last updated May 10, 2010
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