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CISG CASE PRESENTATION

Slovak Republic 24 November 2008 District Court in Dolny Kubin (Paintings case) [translation available]
[Cite as: http://cisgw3.law.pace.edu/cases/081124k1.html]

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

Case Table of Contents


Case identification

DATE OF DECISION: 20081124 (24 November 2008)

JURISDICTION: Slovak Republic

TRIBUNAL: District Court in Dolny Kubin

JUDGE(S): JUDr. Peter Bebej

CASE NUMBER/DOCKET NUMBER: 5 Cb/10/2008

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Czech Republic (plaintiff)

BUYER'S COUNTRY: Slovak Republic (defendant

GOODS INVOLVED: Paintings


Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 53 ; 78

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Unavailable

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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 (Slovak): Unavailable

Translation (English): Text presented below

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Case text (English translation) [second draft]

Queen Mary Case Translation Programme

District Court in Dolny Kubin

24 November 2008 [5 Cb/10/2008]

Translation [*] by Juraj Kotrusz [**]

JUDGMENT
IN THE NAME OF THE SLOVAK REPUBLIC

The District Court in Dolny Kubin, deciding by a single judge, JUDr. Peter Bebej, in the case of Plaintiff A., S.r.o. [Seller], with its registered office in C., K., Czech Republic, versus Defendant N., S.r.o. [Buyer], with its registered office in N., Z. [Slovak Republic], regarding payment of 10,333.- Czech koruna [Kc] and appurtenances

h a s   d e c i d e d   a s   f o l l o w s:

The [Buyer] is obliged to pay to the [Seller] the sum of 10,333 Kc and interest of 3 % annually on this sum for the period from 15 February 2008 until payment and a sum of 2,000.- Sk as a reimbursement of costs of the proceedings within three days after the judgment comes into force.

REASONING

The [Seller] claimed in the proceedings by its action filed with the court on 17 April 2008 its right to payment of 10,333.- Kc and the reimbursement of costs of the proceedings The [Seller] justified its claim by stating that under a commercial relationship it delivered goods to the [Buyer] and subsequently invoiced the price by invoice no. FAZ-419/2007 OF 29 November 2007 due on 13 December 2007, which was not paid by the [Buyer]. With reference to the mutually agreed contractual penalty of 0,2 % from the debt per day, the [Seller] drew penalty invoice no. PF-12/2008 for the sum of 1,157.- Kc, corresponding to the penalty for the period from 14 December 2007 until 14 February 2008 which was also not paid by the [Buyer].

The [Seller] excused its absence on the hearing held on 24 November 2008 and asked the court to try the case in its absence.

At the hearing, the [Buyer], represented by its executive J. S., recognized its obligation to pay the sum claimed by the action in its entirety, with respect to its grounds and amount. The [Buyer] stated that it keeps the [Seller]'s claim in its accounting books and that it was not settled yet. Since February 2008, the [Buyer] has not been conducting business. Being insolvent, the [Buyer] initiated bankruptcy proceedings on 20 November 2008. The [Buyer] was producing paintings but was not able to compete with the products being delivered from Ch. The [Buyer] has practically no property and no finances.

Under 153a part 1 of the Slovak Civil Procedure Code (hereinafter referred to "CPC"), if a defendant recognizes the debt claimed by a plaintiff at the hearing, or recognizes its grounds or if a plaintiff abdicates its claim, the court will settle the case by a judgment on recognition or abdication.

With reference to the abovementioned, the court took into consideration the recognition of debt corresponding to the asserted claim in its entirety (the principal corresponding to the unpaid invoice no. FAZ-419/2007 presenting the purchase price amounting to 9,176.- Kc and unpaid penalty invoice no. PF-12/2008 for the sum of 1,157.- Kc presenting the contractual penalty of 0.2 % per day from the unpaid sum of 9,176.- Kc for the period from 14 December 2007 until 14 February 2008 and appurtenance corresponding to interest of 3 % from the unpaid sum) and upheld the action in its entirety, with respect to sec. 153a part 1 CPC. The court qualified the claim to payment of the sum of 9,176.- Kc under art. 53 of the UN Convention on Contracts for the International Sale of goods and the contractual penalty under sec. 544 et seq. of the Slovak Civil Code applied in connection to sec. 1 part 2 of the Slovak Commercial Code and with respect to the interest (claimed in a lower amount than the statutory rate) under sec. 735 of the Commercial Code.

The court ruled on the reimbursement of the costs of judicial proceedings under sec. 142 part 1 and granted a full reimbursement of the costs to the [Seller] in the amount of 2,000.- Sk, corresponding to the court fee paid for the action, since [Seller] was successful with its action in its entirety.

Instruction: An appeal against this judgment is not permissible in its part which is based on recognition of debt or abdication of claim and it is only permissible if the conditions for issuance of such judgment were not met or the judgment was based on wrong legal consideration and must be filed via the District Court in Dolny Kubin within fifteen days of its receipt (sec. 202 part 1 CPC).

District Court in Dolny Kubin, 24 November 2008.

JUDr. Peter Bebej, Judge


FOOTNOTES

* All translations should be verified by cross-checking against the original text. For purposes of this translation, Plaintiff of the Czech Republic is referred to as [Seller] and Defendant of the Slovak Republic is referred to as [Buyer]. Amounts in the currency of the Slovak Republic (Slovak koruna) are indicated as [Sk]; amounts in the currency of the Czech Republic (Czech koruna) are indicated as [Kc].

** Juraj Kotrusz is a Slovak lawyer who studied law at the University of Trnava, Slovakia, and at the Hague Academy of International Law. He is the Editor of the CISG Slovakia website.

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Pace Law School Institute of International Commercial Law - Last updated March 18, 2009
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