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CISG CASE PRESENTATION

Switzerland 16 October 1997 District Court Zug (Watches case)
[Cite as: http://cisgw3.law.pace.edu/cases/971016s1.html]

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

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Case identification

DATE OF DECISIONS: 19971016 (16 October 1997)

JURISDICTION: Switzerland

TRIBUNAL: KG Zug [KG = Kantonsgericht = District Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: A3 1997/39

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Germany (plaintiff)

BUYER'S COUNTRY: Switzerland (defendant)

GOODS INVOLVED: Watches and measuring instrument (hygrometers)


Case abstract

SWITZERLAND: Kantonsgericht Zug 16 October 1997

Case law on UNCITRAL texts (CLOUT) abstract no. 218

Reproduced with permission from UNCITRAL

A German seller of watches and measuring instruments sued a Swiss buyer for the payment of the purchase price for hygrometers. The buyer claimed to have returned part of the goods to the seller and claimed damages for the violation of an exclusive agreement in a counterclaim.

The court held that the buyer was under an obligation to pay the purchase price (article 53 CISG) and did not grant the counterclaim because the buyer did not furnish sufficient proof either for the exclusive agreement or of having returned the goods. The interest rate was determined based on the law applicable pursuant to the forum's rules of private international law, which led to German law (352 Handelsgesetzbuch).

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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 53 ; 78

Classification of issues using UNCITRAL classification code numbers:

53A [Buyer's obligation to pay price];

78B [Interest on delay in receiving price: rate of interest (based on law applicable pursuant to forum's rules of private international law)]

Descriptors: Price ; Interest

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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=405&step=Abstract>

German: 1 Schweizerische Zeitschrift für Internationales und Europäisches Recht (1998) 83-84; [1999] Transportrecht, Beilage "Internationales Handelsrecht" (TranspR-IHR) 12

CITATIONS TO TEXT OF DECISION

Original language (German): CISG-online.ch website <http://www.cisg-online.ch/cisg/urteile/335.pdf>; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=405&step=FullText>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated October 12, 2004
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