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CISG CASE PRESENTATION

Croatia 24 October 2006 High Commercial Court
[Cite as: http://cisgw3.law.pace.edu/cases/061024cr.html]

Primary source(s) of information for case presentation: UNCITRAL abstract

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Case identification

DATE OF DECISION: 20061024 (24 October 2006)

JURISDICTION: Croatia

TRIBUNAL: High Commercial Court

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: Pz-7602/03-3

CASE NAME: Helios v. Mundus VTS

CASE HISTORY: 1st instance Commercial Court of Varazdin [reversed]

SELLER'S COUNTRY: Slovenia (plaintiff)

BUYER'S COUNTRY: Croatia (defendant)

GOODS INVOLVED: Dye


UNCITRAL case abstract

CROATIA: High Commercial Court 24 October 2006 [P-7602/03-3]

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/91],
CLOUT abstract no. 917

Reproduced with permission of UNCITRAL

Abstract prepared by Davor Babic

A Slovenian seller and a Croatian buyer made a contract for the sale of dye. After the buyer failed to pay the price for the delivered goods, the seller commenced litigation in the Commercial Court of Varazdin. On appeal, the High Commercial Court held that the court in Varazdin erred in the application of substantive law because it applied the Croatian municipal law. The court should have applied the CISG because the parties had their places of business in different CISG Contracting States. The court rejected the decision and directed the first instance court to apply the CISG. As for the determination of the interest rate the court ruled that on the basis of article 7(2) CISG, Slovenian law, as the law of the seller was applicable.

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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: Article 78 [Also cited: Article 7(2) ]

Classification of issues using UNCITRAL classification code numbers:

78B [Rate of interest]

Descriptors: Interest

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Editorial remarks

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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 (Croatian): <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 February 2, 2010
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