Germany 27 June 2007 Supreme Court (Software case)
[Cite as: http://cisgw3.law.pace.edu/cases/070627g1.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: X ZR 15/05
CASE NAME:
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: [-]
BUYER'S COUNTRY: [-]
GOODS INVOLVED: Software
APPLICATION OF CISG: [-]
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
Unavailable
Descriptors:
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.
Go to Case Table of ContentsCITATIONS TO ABSTRACTS OF DECISION
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
Unavailable
CITATIONS TO TEXT OF DECISION
Original language (German): 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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Institute of International Commercial Law - Last updated September 20, 2007