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CISG CASE PRESENTATION

Hungary 19 March 1996 Metropolitan Court (Instruments case)
[Cite as: http://cisgw3.law.pace.edu/cases/960319h1.html]

Primary source(s) for case presentation: Michael R. Will; UNCITRAL abstract


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Case identification

DATE OF DECISION: 19960319 (19 March 1996)

JURISDICTION: Hungary

TRIBUNAL: FB Budapest [FB = Fovárosi Biróság = Metropolitan Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 12 G 75.558/1994/36

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Hungary (defendant)

BUYER'S COUNTRY: Switzerland (plaintiff)

GOODS INVOLVED: Instruments


Case abstract

HUNGARY: Metropolitan Court 19 March 1996

Case law on UNCITRAL texts (CLOUT) abstract no. 126

Reproduced with permission from UNCITRAL

The contract between the Hungarian plaintiff and the Swiss defendant provided for the sale of instruments from the defendant to the plaintiff. The contract also provided that the [buyer] would be the exclusive distributor of those instruments in Hungary.

The issue was whether the CISG applied to the exclusive distribution part of the contract as well. It was decided that the CISG is not applicable to exclusive distribution agreements.

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Classification of issues present

APPLICATION OF CISG: No as to exclusive distribution part of distributorship agreement

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 4 [Also cited; Articles 1(1)(a) ; 3(2) ]

Classification of issues using UNCITRAL classification code numbers:

4B [Issues covered and excluded, issues excluded: exclusive distribution part of distributorship agreement]

Descriptors: Scope of Convention ; Distributorship agreements

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Editorial remarks

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

English: Unilex database, 1996 [reproduction of CLOUT abstract]

Italian: [1998] Diritto del Commercio Internazionale 1104 No. 209

Polish: Hermanowski/Jastrzebski, Konwencja Narodow Zjednoczonych o umowach miedzynarodowej sprzedazy towarow (Konwencja wiedenska) - Komentarz (1997) 270

CITATIONS TO TEXT OF DECISION

Original language (Hungarian): Printed text may be obtained from UNCITRAL

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

English: Ferrari, International Legal Forum (1/1998) 138-255 [186 n.404 (applicability to sales under distribution agreement)]

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Pace Law School Institute of International Commercial Law - Last updated February 15, 2007
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