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CISG CASE PRESENTATION

Switzerland 29 June 1998 Appellate Court Valais (Sports clothing case)
[Cite as: http://cisgw3.law.pace.edu/cases/980629s1.html]

Primary source(s) of information for case presentation: UNCITRAL abstract

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Case identification

DATE OF DECISIONS: 19980629 (29 June 1998)

JURISDICTION: Switzerland

TRIBUNAL: Tribunal Cantonal du Valais, IIe Cour civile [Canton Appellate Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: CI 97 288

CASE NAME: G. & C. v. I. SA

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Italy (plaintiff)

BUYER'S COUNTRY: Switzerland (defendant)

GOODS INVOLVED: Sports clothing


Case abstract

SWITZERLAND: Tribunal Cantonal du Valais (IIe Cour Civile) 29 June 1998

Case law on UNCITRAL texts (CLOUT) abstract no. 256

Reproduced with permission from UNCITRAL

The plaintiff, an Italian clothing sales company, filed a lawsuit against the buyer, a Swiss company, requesting payment of the purchase price. The defendant buyer pleaded late delivery and lack of conformity of the goods.

The court found that the parties never had agreed on a final date of delivery and that the delivery had taken place within a reasonable time after the conclusion of the contract (article 33 CISG). It held that notification of lack of conformity given to the seller seven to eight months after delivery was by far too late (article 39(1) CISG). The interest rate on the purchase price was determined by application of the law governing the contract, which in this case was Italian law (article 7(2) CISG).

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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 issue: Articles 33 ; 39(1) ; 78 [Also cited: Articles 7(2) ; 35 ; 36 ; 59 ]

Classification of issues using UNCITRAL classification code numbers:

33C [Time for delivery where contract does not provide: reasonable time after contract's conclusion];

39A [Requirement to notify seller of lack of conformity: buyer must notify seller within reasonable time];

78B [Interest on delay in receiving price: rate of interest (determined by recourse to domestic gap-filling law]

Descriptors: Delivery ; Lack of conformity notice, timeliness ; 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=366&step=Abstract>

German: Schweizerische Zeitschrift für Internationales und Europäisches Recht (SZIER)/Revue suisses de droit international et de droit européen (1999) 193

CITATIONS TO TEXT OF DECISION

Original language (French): CISG-online.ch website <http://www.cisg-online.ch/cisg/urteile/420.pdf>; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=366&step=FullText>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

English: 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)]; Liu Chengwei, Recovery of interest (November 2003) n.152; René Henschel, Conformity of Goods in International Sales Governed by CISG, pdf access at Nordic Journal of Commercial Law, Issue 2004 #1 <http://www.njcl.utu.fi> p. 11; CISG-AC advisory opinion on Examination of the Goods and Notice of Non-Conformity [7 June 2004] (this case and related cases cited in addendum to opinion); [2004] S.A. Kruisinga, (Non-)conformity in the 1980 UN Convention on Contracts for the International Sale of Goods: a uniform concept?, Intersentia at 27, 38, 53; [2005] Schlechtriem & Schwenzer ed., Commentary on UN Convention on International Sale of Goods, 2d (English) ed., Oxford University Press, Art. 33 para. 15; Henschel, The Conformity of Goods in International Sales, Forlaget Thomson (2005) 286

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Pace Law School Institute of International Commercial Law - Last updated December 5, 2005
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