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CISG CASE PRESENTATION

Serbia 22 April 2008 High Commercial Court [translation available]
[Cite as: http://cisgw3.law.pace.edu/cases/080422sb.html]

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

Case Table of Contents


Case identification

DATE OF DECISION: 20080422 (22 April 2008)

JURISDICTION: Serbia

TRIBUNAL: High Commercial Court

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: Pě. 6104/2007(1)

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Slovenia

BUYER'S COUNTRY: Serbia

GOODS INVOLVED: [-]


Classification of issues present

APPLICATION OF CISG: Yes to contract for sale of good; No to distribution contract

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 4

Classification of issues using UNCITRAL classification code numbers:

4A ; 4B [Scope of Convention (issues covered and excluded); contract for sale of goods covered, distribution contract excluded]

Descriptors: Scope of Convention ; Distributorship agreements

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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 (Serbian): Click here for excerpt from Serbian text of case [published at Paragraf Lex database of Serbian court decisions]

Translation (English): Text presented below

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Case text (English translation)

Queen Mary Case Translation Programme

High Commercial Court in Belgrade

Decision of 22 April 2008 [Pz 6104/2007(1)]

Translation [*] by Marko Jovanovic, LL.M.
Edited by Dr. Vladimir Pavic, Milena Djordjevic, LL.M. [**]

[...]

RULING

In an international sale of goods, if the applicable law is not selected and if the specific circumstances of the case do not point to the application of another law, the applicable law is the law of the place where Seller had its residence, i.e., the seat, at the time of reception of the offer, pursuant to Article 20(1)(1) of the Act on Resolution of Conflicts of Laws with Regulations of Other Countries, since Seller is the claimant.

REASONS FOR THE DECISION (EXCERPT)

On one hand, there is the Vienna Convention on Contracts for the International Sale of Goods. Article 1 of the CISG defines its sphere of application. Paragraph 1 of that Article states that the Convention applies to contracts of sale of goods between parties whose places of business are in different States when the States are Contracting States (Article 1(1)(a)) or when the rules of private international law lead to the application of the law of a Contracting State (Article 1(1)(b)). Article 1(2) of the CISG states that the fact that the parties have their places of business in different States is to be disregarded whenever this fact does not appear either from the contract or from any dealing between, or from information disclosed by, the parties at any time before or at the conclusion of the contract.

The Court must analyze the facts of the case in order to establish whether the contract between the parties provides for the application of the CISG and whether the parties have observed the provisions of the CISG in their business practice and it must disclose reasons for the decision on this question. If the dispute at hand arises out of a contract for the international sale of goods and the facts of the case show that the contract between the parties does not provide for the application of the CISG and that the parties did not observe the provisions of the CISG in their business practice, the court should then apply Article 20 of the Act on Resolution of Conflicts of Laws with Regulations of Other Countries. Pursuant to that provision, absent the choice of applicable law and if the specific circumstances of the case do not point to the application of another law, the law applicable to the contract of sale of moveable goods is the law of the place where Seller had its place of residence, i.e., the seat, at the time of reception of the offer.

Accordingly, pursuant to Article 20(1)(1) of the Act on Resolution of Conflicts of Laws with Regulations of Other Countries, since Seller is the claimant, the applicable law in the case at hand is the law of the place where Seller had its place of residence, i.e.. the seat, at the time of reception of the offer, which is the Slovenian law.

If the legal and business relationship of the parties does not arise from the contract for the international sale of goods but from a distribution contract, the CISG shall not apply. The applicable law shall be the domestic law, i.e., the law of Serbia, pursuant to Article 20(1)(20) of the Act on Resolution of Conflicts of Laws with Regulations of Other Countries.


FOOTNOTES

* All translations should be verified by cross-checking against the original text.

** Marko Jovanovic, LL.M. (U. of Belgrade) is a Doctorate student at the University of Paris 1 - Panthéon Sorbonne and at the University of Belgrade. Dr. Vladimir Pavic is an Assistant Professor in Private International Law and Arbitration, and Milena Djordjevic, LL.M. (U. of Pittsburgh) is a Lecturer in International Commercial Law at the University of Belgrade Faculty of Law.

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Pace Law School Institute of International Commercial Law - Last updated September 9, 2009
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