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CISG CASE PRESENTATION

Germany 18 January 1991 District Court Bielefeld (Bacon case)
[Cite as: http://cisgw3.law.pace.edu/cases/910118g1.html]

Primary source(s) for case presentation: CISG online case overview; case commentary


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Case identification

DATE OF DECISION: 19910118 (18 January 1991)

JURISDICTION: Germany

TRIBUNAL: LG Bielefeld [LG = Landgericht = District Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 15 O 201/90

CASE NAME: German case citations do not identify parties to proceedings

CASE HISTORY: 2nd instance OLG Hamm 22 September 1992 [reversed in part]

SELLER'S COUNTRY: Italy (plaintiff)

BUYER'S COUNTRY: Germany (defendant)

GOODS INVOLVED: Bacon


Case abstract

Prepared by Camilla Andersen for commentary on notice issues under Article 39(1)

"[T]he Court permitted the buyer to rely on part of the non-conformity of the delivered bacon, as this was properly specified in the timely (3 days after delivery) notice, whereas another aspect had not been sufficiently clarified and thus could not be relied upon." Andersen, Pace Review of the Convention on Contractes for the International Sale of Goods (1998) 105. The case involved "the delivery of bacon which was unclean (properly specified) and not satisfactorily smoked (not properly specified)." Id. at n.141.

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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: Articles 18(2) and 18(3) ; 19(1) ; 39(1) ; 50 ; 53 ; 57(1)(a) ; 63(1) ; 64(1)(b) ; 76 ; 77 ; 78 [Also cited: Articles 7(2) ; 74 ]

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Lack of conformity notice, specificity ; Lack of conformity notice, timeliness

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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 (German): cisg-online.ch <http://www.cisg-online.ch/cisg/urteile/174.htm>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

English: For a survey of German case law on specifying the nature of the non-conformity, Go to 1998 Pace essay by Camilla Baasch Andersen at Section III.1.1.; CISG-AC advisory opinion on Examination of the Goods and Notice of Non-Conformity [7 June 2004] (this case and related cases cited in addendum to opinion); Article 78 and rate of interest: Mazzotta, Endless disagreement among commentators, much less among courts (2004) [citing this case and 275 other court and arbitral rulings]; [2005] Schlechtriem & Schwenzer ed., Commentary on UN Convention on International Sale of Goods, 2d (English) ed., Oxford University Press, Art. 18 para. 15 Art. 76 para. 2

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Pace Law School Institute of International Commercial Law - Last updated August 11, 2005
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