Case number: 199
Article number: sales convention / 1(1)(a); 2; 6

Thessaurs issue:
Country of decision: Switzerland
Year of decision: 1994
Type of decision: Judicial decision

Case 199: CISG 1(1)(a); 2; 6

Switzerland: Tribunal cantonal du Valais
29 June 1994
Original in French
Published in French in 28 Revue valaisanne de jurisprudence (RVJ) 125 [1994]




The plaintiff, an Italian seller of furniture, sued the defendant, a Swiss buyer, for the purchase price. The issue to be determined by the court was whether it had jurisdiction and whether the CISG was applicable.





The court affirmed the applicability of the CISG finding that the parties had their places of business in different Contracting States (article 1(1)(a) CISG). The court further held that

the CISG was applicable autonomously and not as the domestic law of the State designated by the forum's choice-of-law rules. Consequently, the court determined that it had jurisdiction.