Case number: 46
Article number: sales convention / 1(1); 50; 53; 59
Thessaurs issue:
Country of decision: Germany
Year of decision: 1989
Type of decision: Judicial decision

Case 46: CISG 1(1); 50; 53; 59
Germany: Landgericht Aachen; 41 0 198/89 3 April 1989
Excerpts published in German: Recht der Internationalen Wirtschaft (RIW) 1990, 491
Referred to by Piltz in Neue Juristische Wochenschrift (NJW) 1994, 1101

The seller, an Italian shoe manufacturer, claimed the balance of amounts due from a contract concluded in 1989. The German
buyer counterclaimed a price reduction for non-conformity of the goods with contract specifications.

The court found that the law of Italy was applicable under German private international law as the law of the country where the
seller had its place of business, and applied CISG as part of Italian law in force at the time of the conclusion of the contract. It
was held that the buyer could reduce the price of the goods in the same proportion as the value that the goods actually
delivered had at the time of delivery bore to the value that conforming goods would have had at that time (art. 50 CISG).