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CISG CASE PRESENTATION

Germany 16 April 1999 District Court Bonn (Paper related products case) [translation available]
[Cite as: http://cisgw3.law.pace.edu/cases/990416g1.html]

Primary source(s) of information for case presentation: Case text

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Case identification

DATE OF DECISION: 19990416 (16 April 1999)

JURISDICTION: Germany

TRIBUNAL: LG Bonn [LG = Landgericht = District Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 10 O 475/97

CASE NAME: German case citations do not identify parties to proceedings

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Germany

BUYER'S COUNTRY: Netherlands

GOODS INVOLVED: Paper related products


Classification of issues present

APPLICATION OF CISG: The Court did not rule on interpretations of the CISG

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 57(1)

Classification of issues using UNCITRAL classification code numbers:

57A [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 case abstracts, texts, and commentaries

CITATIONS TO ABSTRACTS OF DECISION

(a) UNCITRAL abstract: Unavailable

(b) Other abstracts

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (German): Unavailable

Translation (English): Excerpts from case translation presented below

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Case text (English translation)

Queen Mary Case Translation Programme

excerpts from

Landgericht Bonn 16 April 1999

Translation by Ruth M. Janal [*]

Translation edited by Camilla Baasch Andersen [**]

FACTS OF THE CASE

[The German seller, a paper manufacturer, and the Dutch buyer had a long-standing business relationship. The [buyer]'s manager was also the owner of a third company which acted as a commercial agent for the [seller] in the Netherlands. Following the [buyer]'s severe delay of payment, the parties agreed to set-off the purchase price against future commissions the commercial agent was to receive. As the business development did not meet the expectations, the agent's commissions did not reach the amount of the unpaid purchase price until the business relationship between the [seller], on the one hand, and the [buyer] and [seller]'s agent, on the other hand, was terminated.]

GROUNDS FOR THE DECISION

[]

The relationship between the parties is governed by German law. Under Art. 28 EGBGB,[***] the law applicable to a contract is that of the State with which the contract has the closest connection - unless stipulated otherwise by the parties. Following the assumption in Art. 28(2) EGBGB the [seller]'s place of business is decisive, as the seller performs the obligation characteristic for a sales contract, that is the delivery of the goods. Under Art. 57(1) CISG, the place of performance for this obligation is the [seller]'s place of business.

[The Court goes on to evaluate the case solely under the German Civil Code. It finds that the [seller]'s claim for payment is legitimate with respect to roughly half the requested amount. The [buyer]'s set-off with commissions allegedly assigned to it by the [seller]'s former agent was deemed invalid, as the [seller] had rightfully invoked the period of limitations with regard to those claims.]


FOOTNOTES

* Ruth M. Janal, LL.M (UNSW) is a Ph.D. candidate at Albert-Ludwigs-Universität Freiburg.

** Camilla Baasch Andersen is a Fellow of the Institute of International Commercial Law of Pace University School of Law and a Lecturer at Queen Mary, University of London.

*** Translator's note on abbreviations: EGBGB = Einführungsgesetzbuch zum Bürgerlichen Gesetzbuche [German Code on Private International Law].

All translations should be verified by cross-checking against the original text.

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Pace Law School Institute of International Commercial Law - Last updated September 20, 2006
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