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CISG CASE PRESENTATION

Serbia 10 July 2007 High Commercial Court (Crystal Sugar case)
[Cite as: http://cisgw3.law.pace.edu/cases/070710sb.html]

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

Case Table of Contents


Case identification

DATE OF DECISION: 20070710 (10 July 2007)

JURISDICTION: Serbia

TRIBUNAL: High Commercial Court (second instance court)

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: X Pz. No. 9418/2006

CASE NAME: Unavailable

CASE HISTORY: 1st instance Commercial Court; 2d instance High Commercial Court [remanded the case for incorrect application of the law]

SELLER'S COUNTRY: Serbia (defendant)

BUYER'S COUNTRY: Germany (plaintiff)

GOODS INVOLVED: Sugar


Classification of issues present

APPLICATION OF CISG: No

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 6

Classification of issues using UNCITRAL classification code numbers:

6A [Exclusion of Convention by contract]

Descriptors: Exclusion

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Editorial remarks

Excerpt editor: Milena Djordjevic

"The second instance court finds that the conclusion of the first instance court [on application of the CISG] cannot be accepted as founded. Namely, the first instance court did not take into account the fact that the parties have excluded the application of the Convention in their contract for sales of crystal sugar concluded on 11 December 2002. Hence, when resolving this dispute the domestic rules should have been applied, the rules on the Law on Contract and Torts, in particular, which regulates the issue of contractual liability for damages."

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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 (Serbian): Click here for Serbian text of case

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated September 27, 2011
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