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CISG CASE PRESENTATION

Italy 5 November 1998 Supreme Court (AMC di Ariotti e Giacomini v. V.B.)
[Cite as: http://cisgw3.law.pace.edu/cases/981105i3.html]

Primary source(s) of information for case presentation: Unilex database

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Case identification

DATE OF DECISIONS: 19981105 (5 November 1998)

JURISDICTION: Italy

TRIBUNAL: Corte Suprema di Cassazione, Sez. Un. [Supreme Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 11088

CASE NAME: AMC di Ariotti e Giacomini S.n.c. v. V.B. GmbH

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Italy (plaintiff)

BUYER'S COUNTRY: Austria (defendant)

GOODS INVOLVED: Women's stockings


Case abstract

ITALY: Corte di Cassazione 5 November 1998

Case law on UNCITRAL texts (CLOUT) abstract no. 726

Reproduced with permission of UNCITRAL

Abstract prepared by Maria Chiara Malaguti, National Correspondent, and Laura Sempi

The seller, an Italian corporation with its place of business in Italy, agreed to sell women stockings to the buyer, an Austrian company, whose place of business was in Austria. Since the buyer had failed to pay the whole price, the seller brought an action for payment of the price before the Italian judge, alleging the breach of the supply contract for partial performance. The defendant claimed that the Italian judge did not have the authority to decide the issue in controversy, as its place of business was in Austria.

The issue before the Supreme Court was therefore whether the Italian court had the power to adjudicate the case.

The Supreme Court held that the relevant rule was to be found in article 57 CISG, a Convention that both states had ratified at the time of the litigation.

On the basis of article 57(1) CISG, if the buyer is not bound to pay the price at any other particular place, it must pay it to the seller at the seller's place of business or, if the payment is to be made against the handing over of the goods or of documents, at the place where the handing over takes place.

The Court stated that since the parties had not determined different rules in their contract, the general principle provided for by the aforesaid article 57 applies. According to this, the payment for the supplied commodities was to be performed by the buyer at the seller's place of business, therefore Italy was designed as "forum destinatae solutionis".

The Court ruled that the Italian judge had jurisdiction over the case in light of both article 57 CISG and article 4, n. 2, Italian Civil Procedure Code, which states that the foreigner can be sued before an Italian judge if the action implies obligations to be fulfilled in the territory of Italy.

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 57

Classification of issues using UNCITRAL classification code numbers:

57A [Place of 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=349&step=Abstract>

CITATIONS TO TEXT OF DECISION

Original language (Italian): Giurisprudenza Italiana, Recentissime (1998) 164-165 and GIUS (1999) 216 [excerpts]; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=349&step=FullText>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated November 7, 2007
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