Switzerland 16 September 1998 District Court Unterrheintal (Furniture case)
[Cite as: http://cisgw3.law.pace.edu/cases/980916s1.html]
DATE OF DECISIONS:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: EV. 1998.2 (1KZ. 1998.7)
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Germany (plaintiff seller's assignee)
BUYER'S COUNTRY: Switzerland (defendant)
GOODS INVOLVED: Furniture
SWITZERLAND: Kanton St. Gallen, Bezirksgericht Unterrheintal 16 September 1998 Case law on UNCITRAL texts (CLOUT) abstract no. 263 Reproduced with permission from UNCITRAL A German bank, plaintiff, acquired by assignment a claim from a German seller against a Swiss
buyer, defendant, arising from the delivery of furniture. When the buyer refused to pay, based on
an alleged lack of conformity, the bank commenced legal proceedings. The court held that the notice of lack of conformity, which was given over one year after delivery
of the goods, was given far too late (article 39(1) CISG). APPLICATION OF CISG: Yes [Article 1(1)(a)] APPLICABLE CISG PROVISIONS AND ISSUES Key CISG provisions at issue: Classification of issues using UNCITRAL classification code
numbers:
39A2 [Requirement to notify seller of lack of conformity: buyer must notify seller with reasonable
time] Descriptors:
CITATIONS TO OTHER ABSTRACTS OF DECISION
English: Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=486&step=Abstract>
German: Schweizerische Zeitschrift für Internationales und Europäisches Recht (SZIER)/Revue suisse de droit international et de droit européen (1999) 198 CITATIONS TO TEXT OF DECISION Original language (German): (German): CISG-online.ch website <http://www.cisg-online.ch/cisg/urteile/427.pdf>; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=486&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)]; Larry A. DiMatteo et al., 34 Northwestern Journal of International Law & Business (Winter 2004) 299-440 at n.419; 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) Case abstract
Classification of issues present
Editorial remarks
Citations to other abstracts, case texts and commentaries
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Institute of International Commercial Law - Last updated October 12, 2004