CISG CASE PRESENTATION

Austria 26 May 1994 Supreme Court (Yacht equipment case)
[Cite as: http://cisgw3.law.pace.edu/cases/940526a3.html]

Primary source(s) for case presentation: CISG-Austria website

Case Table of Contents

• Case identification
• Classification of issues present
• Editorial remarks
• Citations to case abstracts, texts, and commentaries
• Guide to links contained in case presentations

Classification of issues present

APPLICATION OF CISG: No

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 1(1)(b) ; 100

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Unavailable

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        * "Austrian Cases on the UN Convention on Contracts for the International Sale of Goods", 6 Vindobona Journal of International Commercial Law and Arbitration (2002) 1-24, at 4.

"[T]he private international law clause of Article 1(1)(b) CISG was correctly applied by the Austrian Supreme Court for the first time in May 1994,¹⁸ in a case involving a dispute between an Austrian seller and a German buyer. The application of CISG was denied, because at the time of the conclusion of the contract, Germany had not yet ratified the Convention and the characteristic performance test pointed to domestic German law as the law at the seller's place of business."

        18. Austrian Supreme Court, May 26, 1994, published in 1994 ecolex p. 619; Cf. District Court of Vienna, February 20, 1992, published in 1992 RdW [Österreichisches Recht der Wirtschaft] 239.

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Original language (German): CISG-Austria website <http://www.cisg.at/2_53494.htm> [cited as 16 May 1994]; [1994] ecolex 619 et seq.

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

English: Willibald Posch & Thomas Petz, 6 Vindobona Journal of International Commercial Law and Arbitration (2002) 1-24, at n.18 [English translation of German commentary cited below] [Go to these commentaries for an excellent comprehensive analysis of Austrian case law on the CISG]

German: Willibald Posch & Ulfried Terlitza, Internationales Handelsrecht (2001) 47-56, at relevant n.