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CISG CASE PRESENTATION

European Court of Justice 15 February 2007 Opinion of Advocate General (Color Drack GmbH v. LEXX International Vertriebs GmbH)
[Cite as: http://cisgw3.law.pace.edu/cases/070215eu.html]

Primary source(s) of information for case presentation: Case text

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Case identification

DATE OF DECISION: 20070215 (15 February 2007)

JURISDICTION: European Court of Justice

TRIBUNAL: Opinion of Advocate General

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: C-386/05

CASE NAME: Color Drack GmbH v. LEXX International Vertriebs GmbH

CASE HISTORY: Unavailable

SELLER'S COUNTRY: [-]

BUYER'S COUNTRY: [-]

GOODS INVOLVED: [-]


Classification of issues present

APPLICATION OF CISG: No. Dicta reference to the CISG at paragraphs 66 and 67 of the opinion:

"66. Under the system established by [the Convention on the law applicable to contractual obligations opened for signature in Rome on 19 June 1980], the law applicable to the contract is the law chosen by the parties. Where no choice has been made, the convention lays down the principle that the contract is to be governed by the law of the State with which it is most closely connected and presumes that, subject to certain exceptions, that State is the one where the party who is to effect the performance which is characteristic of the contract has his habitual residence at the time of conclusion of the contract.

"67. The substantive law that is thus selected may also take the form of an international convention signed and ratified by the Member State concerned, such as the United Nations Convention on contracts for the international sale of goods, signed in Vienna on 11 April 1980."

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: [-]

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Unavailable

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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 (English): See <http://curia.europa.eu/en/transitpage.htm>; also available in other languages

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated July 9, 2007
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