Case number: 48
Article number: sales convention / 1(1)(b); 5(1); 5(2); 38(1); 39; 45; 50; 51
Thessaurs issue:
Country of decision: Germany
Year of decision: 1993
Type of decision: Judicial decision

Case 48: CISG 1(1)(b); 5(1) and (2); 38(1); 39; 45; 50; 51
Germany: Oberlandesgericht Dsseldorf; 17 U 82/93 8 January 1993
Excerpts published in German: Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 1993, 412
Summary published in Italian: Diritto del commercio internationale July-September 1993, 651 Commented on by Magnus in
Praxis des Internationalen Privat-und Verfahrensrechts (IPRax) 1993, 390 and in Zeitschrift fr Europ„isches Privatrecht
(ZEuP) 1993, 79

The German buyer of fresh cucumbers appealed against the decision of the court of first instance, which ordered the German
buyer to pay to the Turkish seller the balance of the price due under the contract. The court of first instance had dismissed the
application of the buyer for a reduction of the price of the goods for non-conformity with contract specifications on the ground
that the buyer had inspected the goods at the place of delivery in Turkey and had found them to be in good order.

The appellate court found that the parties, during the oral hearings before the court of first instance, had agreed to submit their
dispute to German law and held that CISG was applicable as part of German law. The judgement of the court of first instance
was upheld on the ground that the buyer lost the right to rely on non-conformity of goods and to reduce the price
proportionally, since it gave notice of the non-conformity only when the goods arrived in Germany, i.e. seven days after the
buyer had the opportunity to examine them at the place of delivery in Turkey (art. 38, 39(1) and 50 CISG).