Germany 18 January 1991 District Court Bielefeld (Bacon case)
[Cite as: http://cisgw3.law.pace.edu/cases/910118g1.html]
Primary source(s) for case presentation: CISG online case overview; case commentary
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 15 O 201/90
CASE NAME:
CASE HISTORY: 2nd instance OLG Hamm 22 September 1992 [reversed in part]
SELLER'S COUNTRY: Italy (plaintiff)
BUYER'S COUNTRY: Germany (defendant)
GOODS INVOLVED: Bacon
Prepared by Camilla Andersen for commentary on notice issues under
Article 39(1) "[T]he Court permitted the buyer to rely on part of the non-conformity of the delivered bacon, as this was properly specified
in the timely (3 days after delivery) notice, whereas another
aspect had not been sufficiently clarified and thus could not be
relied upon." Andersen, Pace Review of the Convention on Contractes
for the International Sale of Goods (1998) 105. The case involved
"the delivery of bacon which was unclean (properly specified) and
not satisfactorily smoked (not properly specified)." Id. at n.141.Case abstract
APPLICATION OF CISG: Yes [Article 1(1)(a)]
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue: Articles
Classification of issues using UNCITRAL classification code
numbers:
Unavailable
Descriptors:
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
Unavailable CITATIONS TO TEXT OF DECISION Original language (German): cisg-online.ch <http://www.cisg-online.ch/cisg/urteile/174.htm>
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
English: For a survey of German case law on specifying the nature of the non-conformity, Go to 1998 Pace essay by Camilla Baasch Andersen at Section III.1.1.; 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); Article 78 and rate of interest: Mazzotta, Endless disagreement among commentators, much less among courts (2004) [citing this case and 275 other court and arbitral rulings]; [2005] Schlechtriem & Schwenzer ed., Commentary on UN Convention on International Sale of Goods, 2d (English) ed., Oxford University Press, Art. 18 para. 15 Art. 76 para. 2Classification of issues present
Editorial remarks
Citations to case abstracts, texts, and commentaries
CITATIONS TO ABSTRACTS OF DECISION
Pace Law School Institute of International
Commercial Law - Last updated August 11, 2005