Hungary 19 March 1996 Metropolitan Court (Instruments case)
[Cite as: http://cisgw3.law.pace.edu/cases/960319h1.html]
Primary source(s) for case presentation: Michael R. Will; UNCITRAL abstract
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 12 G 75.558/1994/36
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Hungary (defendant)
BUYER'S COUNTRY: Switzerland (plaintiff)
GOODS INVOLVED: Instruments
Case law on UNCITRAL texts (CLOUT) abstract no. 126
Reproduced with permission from UNCITRAL
The contract between the Hungarian plaintiff and the Swiss defendant provided for the sale of instruments from the defendant to the plaintiff. The contract also provided that the [buyer] would be the exclusive distributor of those instruments in Hungary.
The issue was whether the CISG applied to the exclusive distribution part of the contract as well. It was decided that the CISG is not applicable to exclusive distribution agreements.
APPLICATION OF CISG: No as to exclusive distribution part of
distributorship agreement
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue: Article
Classification of issues using UNCITRAL classification code
numbers:
Descriptors:
English: Unilex database, 1996 [reproduction of CLOUT abstract]
Italian: [1998] Diritto del Commercio Internazionale 1104 No. 209 Polish: Hermanowski/Jastrzebski, Konwencja Narodow Zjednoczonych o umowach
miedzynarodowej sprzedazy towarow (Konwencja wiedenska) - Komentarz (1997) 270
CITATIONS TO TEXT OF DECISION
Original language (Hungarian): Printed text may be obtained
from UNCITRAL
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
English: Ferrari, International Legal Forum (1/1998) 138-255 [186 n.404 (applicability to sales under distribution agreement)]Classification of issues present
Editorial remarks
Citations to other abstracts, case texts and commentaries
CITATIONS TO OTHER ABSTRACTS OF DECISION
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Commercial Law - Last updated February 15, 2007