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CISG CASE PRESENTATION

Slovenia 8 June 2011 Vrhovno sodišče v Celju [Celje High Court]
[Cite as: http://cisgw3.law.pace.edu/cases/110608sv.html]

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

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Case identification

DATE OF DECISION: 20110608 (8 June 2011)

JURISDICTION: Slovenia

TRIBUNAL: Higher Court [Appellate Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: VSC sklep Cpg 33/2011

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Poland

BUYER'S COUNTRY: Slovenia

GOODS INVOLVED: Paper bags


UNCITRAL case abstract

SLOVENIA: Višje sodišče v Celju [Celje High Court] 8 June 2011

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/118],
CLOUT abstract no. 1149

Reproduced with permission of UNCITRAL

On 20 June 2007, a Polish producer of paper bags entered into a long-term sales relationship with a Slovenian buyer concerning sales of specially produced paper bags. In the contract the parties agreed that the law governing the contract would be “the civil code and corresponding community regulations”.

In January 2008, the buyer transferred its rights and obligations from the contract of sale to another buyer on which the new buyer and the seller subsequently agreed. After a month had passed, the seller invoiced the new buyer for the goods, costs of matrix preparation and costs of the transport of the goods. The buyer refused to pay the invoices, claiming not to be in a contract of sale relationship with the seller and that the original buyer had ordered the goods.

The court of first instance applied the CISG on the basis of article 1(1)(a), stating that both of the parties’ places of business were in contracting States. It ruled in favour of the seller finding that the “new” buyer must pay the price for the goods.

The defendant appealed. The appellate court first dealt with the matter of personal subrogation and found that the rights and obligations were validly transferred from the original buyer to the new buyer under Slovenian law. Although the appellant had not appealed against the part of the decision regarding applicable law, the appellate court dealt with the question on its own initiative. It found that, because the contract of sale stipulated that the “civil code and corresponding community regulations” should govern the contract, the court of first instance should have taken the will of the parties into consideration. Therefore, it should have determined whether the parties’ intention was to exclude application of the CISG under article 6 CISG. The appellate Court stated that, because the court of first instance failed to clarify this question, it was not clear which civil code the parties had in mind. Thus, the appellate court overturned the decision of the court of first instance and remanded the case for retrial indicating that, in reconsideration of the case, the court of first instance should fully and comprehensively clarify the question of applicable law

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Classification of issues present

APPLICATION OF CISG: Yes [Article 1(1)(a)]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 6

Classification of issues using UNCITRAL classification code numbers:

1B [Relation to Contracting State];

6 [Convention Yields to Contract; Agreements to Apply]

Descriptors: Exclusion of convention

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Editorial remarks

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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 (Slovene): Slovenian court website <http://www.sodisce.si/znanje/sodna_praksa/visja_sodisca/2010040815262021/>

Translation (English): Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated June 13, 2012
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