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CISG CASE PRESENTATION

Croatia 30 October 2007 High Commercial Court (Jelen d.d. v. Malinplast GmbH)
[Cite as: http://cisgw3.law.pace.edu/cases/071030cr.html]

Primary source(s) of information for case presentation: Commentary by Marko Baretic & Sasa Niksik

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Case identification

DATE OF DECISION: 20071030 (30 October 2007)

JURISDICTION: Croatia

TRIBUNAL: High Commercial Court

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: Pz-1134/05-3

CASE NAME: Jelen d.d. v. Malinplast GmbH

CASE HISTORY: 1st instance Commercial Court Zagreb [reversed]

SELLER'S COUNTRY: Croatia (plaintiff)

BUYER'S COUNTRY: Austria (defendant)

GOODS INVOLVED: [-]


UNCITRAL case abstract

CROATIA: High Commercial Court 30 October 2007 [Pz-1134/05-3]

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/91],
CLOUT abstract no. 912

Reproduced with permission of UNCITRAL

Abstract prepared by David Babic

A Croatian seller commenced an action against an Austrian buyer for the payment of price. The Commercial Court of Zagreb, as the court of first instance, refused the claim on the grounds that it was time barred. The court invoked the three years limitation period provided for commercial contracts by the Croatian Obligations Act. The High Commercial Court, however, held that the first instance court erred in the application of the substantive law. The contract of sale was governed by the CISG pursuant to article 1 (1) CISG and the UN Limitation Convention. Under the Limitation Convention, the limitation period is four years. Since four years had not elapsed from the date when the plaintiff commenced litigation, the Court held that the claim was not barred by the statute of limitations.

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles [-]

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Unavailable

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Editorial remarks

Excerpt from Marko Baretic / Saka Niksik, "Croatia", in: Franco Ferrari ed., The CISG and its Impact on National Legal Systems, Sellier European Law Publishers (2008) 101.

"[T]he High Commercial Court quashed the decision of the Commercial Court in Zagreb, arguing that the lower court had reached the decision on the false presumption that Croatian substantive law should apply to the case. The High Court was of the opinion that the CISG should have been applied instead, and that with the application of a proper substantive law the lower court would have reached a different decision."

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (Croatian): Published at <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 May 7, 2010
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