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CISG CASE PRESENTATION

Germany 23 March 1992 District Court Saarbrücken (Doors case)
[Cite as: http://cisgw3.law.pace.edu/cases/920323g1.html]

Primary source(s) for case presentation: CISG online case overview

Case Table of Contents

Case identification

DATE OF DECISION: 19920323 ( 23 March 1992)

JURISDICTION: Germany

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

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 9 O 4084/89

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

CASE HISTORY: 2nd instance OLG Saarbrücken 13 January 1993 [affirming]

SELLER'S COUNTRY: France (plaintiff)

BUYER'S COUNTRY: Germany (defendant)

GOODS INVOLVED: Doors

Case abstract

Prepared by Camilla Andersen for commentary on notice issues under Article 39(1)

"[S]ome German judgments appear to have confused the duty to examine the goods [under Article 38] and the duty to notify of the non-conformity [under Article 39] . . . The worst confusion was in LG Saarbrücken 23 March 1992 . . . where the Court suffered under the misapprehension that the duty to notify of the lack of conformity was implied by Art. 38 (this confusion was, however, subsequently cleared up upon appeal of the case in OLG Saarbrücken 13 January 1993." Andersen, Pace Review of the Convention on Contracts for the International Sale of Goods (1998) 112 and n.107. The case "concern[ed] the sale of doors, where notice was given two months after delivery as the buyer wrongfully believed the duty to inspect the goods was deferred." Id. at 116.

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Classification of issues present

APPLICATION OF CISG: Yes [Article 1(1)(b)]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 1(1)(b) ; 6 ; 9(2) ; 18(1) ; 19 ; 38(1) and 38(3) ; 73 ; 78 [Also cited: Articles 39(1) ; 53 ]

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Examination of goods ; Lack of conformity notice, timeliness

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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): cisg-online.ch <http://www.cisg-online.ch/cisg/urteile/60.htm>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

English: 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. 9 paras. 23, 24 Art. 73 para. 16

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Pace Law School Institute of International Commercial Law - Last updated August 12, 2005
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