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CISG CASE PRESENTATION

Germany 28 July 1993 District Court Aachen (Rare hard wood case)
[Cite as: http://cisgw3.law.pace.edu/cases/930728g1.html]

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


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Case identification

DATE OF DECISION: 19930728 (28 July 1993)

JURISDICTION: Germany

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

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 42 O 68/93

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

CASE HISTORY: 2d instance OLG Köln 22 February 1994 [reversing]

SELLER'S COUNTRY: Nigeria (plaintiff)

BUYER'S COUNTRY: France (defendant)

GOODS INVOLVED: Rare hard wood


Case abstract

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

"A German buyer of rare wood refused to pay the Nigerian seller and thought this an implied notice of non-conformity. The District Court of Aachen stated that the wording of [Article 39] requires specific notice to be communicated, and that no notice was given with reasonable time". Andersen, Pace Review of the Convention on Contracts for the International Sale of Goods (1998) 107-108. "The judgment was subsequently reversed in OLG Köln 22 February 1994, but this was primarily due to the surfacing of a fax which proved that timely notice had been given. This fax is not mentioned before the first instance." Id. at 108 n.154.

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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 38 ; 39 ; 40 ; 78 [Also cited: Articles 49 ; 53 ]

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: 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/168.htm>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

English: 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]

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Pace Law School Institute of International Commercial Law - Last updated December 1, 2004
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