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CISG CASE PRESENTATION

Germany 2 October 1996 District Court Heidelberg (Surface protective film case)
[Cite as: http://cisgw3.law.pace.edu/cases/961002g1.html]

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

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Case identification

DATE OF DECISIONS: 19961002 (2 October 1996)

JURISDICTION: Germany

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

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: O 37/96 KfH II

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

CASE HISTORY: 2d instance OLG Karlsruhe 25 June 1997; 3d instance BGH 25 November 1998

SELLER'S COUNTRY: Germany [defendant]

BUYER'S COUNTRY: Austria [plaintiff]

GOODS INVOLVED: Surface protective film


Case abstract

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

"A judgment from the District Court of Heidelberg regarding notice given twenty-five days after discovery was . . . reversed by the Higher District Court of Karlsruhe in a case regarding non-perishable, non-seasonally dependant sticky-film that did not stick properly. . . . The District Court found that notice was given within reasonable time, and stated that since an exact time-frame for notice giving could not be pinpointed, [a] one-month guideline . . . should be applied in the present case." Andersen, Pace Review of the Convention on Contracts for the International Sale of Goods (1998) 123. For the rationale of the Appellate Court in reversing this ruling, go to OLG Karlsruhe 25 June 1997.

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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 issues: Articles 4 ; 38 ; 39(1) ; 74 [Also cited: Articles 6 ; 35 ; 45(1)(b) ]

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/264.htm>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

English: For a survey of close to 100 judicial and arbitral rulings on Article 39(1), go to the 1998 Pace essay on this subject by Camilla Baasch Andersen; Kuoppala, Examination of the Goods under the CISG and the Finnish Sale of Goods Act (2000) 4.4.1.4 [analysis of related articles 38, 39, 40 and 44 (includes digests of relevant material in many CISG cases; also digests cases under a domestic sales code that is patterned, for the most part, after the CISG)]; [2005] Schlechtriem & Schwenzer ed., Commentary on UN Convention on International Sale of Goods, 2d (English) ed., Oxford University Press, Art. 74 paras. 21, 28

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Pace Law School Institute of International Commercial Law - Last updated August 12, 2005
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