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CISG CASE PRESENTATION

Germany 27 June 2007 Supreme Court (Hardware and software case)
[Cite as: http://cisgw3.law.pace.edu/cases/070627g1.html]

Primary source(s) of information for case presentation: BGH website

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Case identification

DATE OF DECISION: 20070627 (27 June 2007)

JURISDICTION: Germany

TRIBUNAL: Bundesgerichtshof [Federal Supreme Court]

JUDGE(S): Melullis, Keukenschrijver, Meier-Beck, Asendorf, Gröning

CASE NUMBER/DOCKET NUMBER: X ZR 15/05

CASE NAME: German case citations do not identify parties to proceedings

CASE HISTORY: 1st instance LG Aachen (43 O 59/02) 8 October 2003, 2d instance OLG Köln (19 U 184/03) 22 December 2004

SELLER'S COUNTRY: Germany

BUYER'S COUNTRY: Poland

GOODS INVOLVED: Hardware and software


Classification of issues present

APPLICATION OF CISG: [-]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 57(1)(a)

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Unavailable

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Editorial remarks

EDITOR: Camilla Baasch Andersen

This case reinforces the established relationship between Article 5 of the Rome Convention (applicable to conflicts of law throughout the EU) and Article 57 CISG. Article 57 is used to establish the place of performance in order to determine the applicable law. In this case, German domestic law applies as it was appointed in the seller’s conditions of sale, and this is merely confirmed by the application of PIL rules which appoint German law. The CISG is thus not applied to this case. The sole point of interest from a CISG point of view may be that the goods in question are software and the Supreme Court never questions the application of Article 57 and the CISG as a whole to such goods.

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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 (German): CISG-online.ch website <http://www.globalsaleslaw.com/content/api/cisg/urteile/1823.pdf>; BGH website, to to <http://www.bundesgerichtshof.de>, click "Entscheidungen", enter "CISG" under "Suchbegriff", click "Suchen"

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated March 25, 2009
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