Austria 30 November 2006 Supreme Court
[Cite as: http://cisgw3.law.pace.edu/cases/061130a3.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 6 Ob 257/06x
CASE NAME:
CASE HISTORY: 1st instance LG Wels (GZ 4 C 16/04a-38) 21 February 2006; 2d instance OLG Linz (GZ 4 R 90/06t-42) 26 July 2006
SELLER'S COUNTRY: [-]
BUYER'S COUNTRY: [-]
GOODS INVOLVED: [-]
Reproduced from Internationales Handelsrecht (2/2007) 74
"Art. 40 CISG only relieves the buyer of his obligation to examine the goods and give notice of their non-conformity if the seller, who knew or could not have been unaware of the non-conformity, did not reveal this to the buyer on or before handing over the goods.
"The principle of performing pari passu also applies under the CISG."
APPLICATION OF CISG: Yes
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
Descriptors:
CITATIONS TO ABSTRACTS OF DECISION
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
Unavailable
CITATIONS TO TEXT OF DECISION
Original language (German): Austria Supreme Court website [go to <http://www.ris.bka.gv.at/jus>, check "jus texte" box, enter "6 Ob 257/06x" as "suchworte", click "suche starten"]; Internationales Handelsrecht (2/2007) 74-75
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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Institute of International Commercial Law - Last updated September 12, 2007