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CISG CASE PRESENTATION

France 15 October 1997 Appellate Court Paris (Sodime-La Rosa v. Softlife)
[Cite as: http://cisgw3.law.pace.edu/cases/971015f1.html]

Primary source(s) of information for case presentation: Michael R. Will; UNCITRAL abstract; CISG online case overview

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Case identification

DATE OF DECISIONS: 19971015 (15 October 1997)

JURISDICTION: France

TRIBUNAL: CA Paris [CA = Cour d'appel = Appeal Court]

JUDGE(S): Cahen-Fouque, président; Linden and Boitard, conseillers; Bauduin, greffier

CASE NUMBER/DOCKET NUMBER: 97/08814

CASE NAME: SARL Sodime-La Rosa v. Sté Softlife design Ltd. et autre

CASE HISTORY: 1st instance Tribunal de commerce de Paris (9615120) 7 January 1997 [reversing]

SELLER'S COUNTRY: France (plaintiff)

BUYER'S COUNTRY: England (defendant)

GOODS INVOLVED: Mannequins


Case abstract

FRANCE: Paris Court of Appeal 15 October 1997

Case law on UNCITRAL texts (CLOUT) abstract no. 223

Reproduced with permission from UNCITRAL

In October 1993, the French seller entered into a contract with an English buyer for the sale of dressmaker's dummies. Printed on the reverse side of the invoice sent to the buyer were the seller's general conditions of sale, which included a jurisdiction clause in favour of the courts of Paris.

The seller sued the buyer before the Commercial Court of Paris, seeking settlement of an outstanding invoice. The buyer raised a plea of lack of jurisdiction, claiming that the High Court of London was competent.

An objection was lodged by the seller with the Court of Appeal of Paris, which ruled that the matter came under the jurisdiction of the Commercial Court of Paris. The applicable law in the case at issue was French law, which referred to the CISG. The Court of Appeal applied article 57 CISG, in accordance with which the price has to be paid at the seller's place of business, which, in the present case, was located in Paris.

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issues: Article 57(1)(a) [Also relevant: Article 6 ]

Classification of issues using UNCITRAL classification code numbers:

57A [Place for payment: in absence of agreement, payment at seller's place of business]

Descriptors: Payment, place of ; Jurisdiction

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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<http://www.unilex.info/case.cfm?pid=1&do=case&id=276&step=Abstract>

CITATIONS TO TEXT OF DECISION

Original language (French): CISG - France website ("http://Witz.jura.uni-sb.de/CISG/decisions/151097v.htm"); Dalloz Sirey (1997) I.R., 239-240; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=276&step=FullText>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

English: Larry A. DiMatteo et al., 34 Northwestern Journal of International Law & Business (Winter 2004) 299-440 at n.441

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Pace Law School Institute of International Commercial Law - Last updated September 28, 2004
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