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CISG CASE PRESENTATION

Croatia 27 September 2007 High Commercial Court
[Cite as: http://cisgw3.law.pace.edu/cases/070927cr.html]

Primary source(s) of information for case presentation: UNCITRAL abstract

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Case identification

DATE OF DECISION: 20070927 (27 September 2007)

JURISDICTION: Croatia

TRIBUNAL: High Commercial Court

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: Pz-6176/04-3

CASE NAME: PMI S.r.l. v. RKM d.o.o.

CASE HISTORY: 1st instance Commercial Court of Zagreb [affirmed in part, reversed in part]

SELLER'S COUNTRY: Italy (plaintiff)

BUYER'S COUNTRY: Croatia (defendant)

GOODS INVOLVED: [-]


UNCITRAL case abstract

CROATIA: High Commercial Court 27 September 2007 [P-6176/04-3]

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/91],
CLOUT abstract no. 913

Reproduced with permission of UNCITRAL

Abstract prepared by Davor Babic

The Italian seller commenced an action against the Croatian buyer in the Commercial Court of Zagreb for the payment of price for the goods delivered. The Commercial Court ruled in favour of the buyer. The High Commercial Court affirmed the judgement of the Zagreb court noting that the court should have applied the CISG and not the Croatian Obligations Act, but that the result under the CISG would have been the same. The Court noted that, pursuant to article 31(a) CISG, the seller had performed its obligation, and it was entitled to receive payment. The court reversed the decision of the court of first instance with regard to the applicable interest rate holding that the interest rate was to be based on Italian liras for the part of the contractual relationship performed before the introduction of the Euro. The court implicitly held that the interest rate should be determined by Croatian law, but did not substantiate that part of the decision.

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 31 ; 78

Classification of issues using UNCITRAL classification code numbers:

31A [Delivery of the goods and handing over of documents: contracts involving carriage of goods];

78A [Interest on delay in receiving price or any other sum in arrears]

Descriptors: Delivery ; Interest

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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 (Croatian): <http://www.vsrh.hr>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated February 2, 2010
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