Case number: 52
Article number: sales convention / 9(1); 53
Thessaurs issue:
Country of decision: Hungary
Year of decision: 1992
Type of decision: Judicial decision

Case 52: CISG 9(1); 53
Hungary: Municipal Court Budapest AZ 12.G.41.471/1991/21 24 March 1992
Adamfi Video Production GmbH v. Alkot¢k Studi¢sa Kissz"vetkezet
Original in Hungarian
Unpublished
Summary published in Italian: Diritto del commercio internationale July-September 1993, 651
Commented on by Vida in Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 1993, 263

The plaintiff, a German company, demanded payment of the price and interest for goods sold and delivered to the defendant, a
Hungarian company. At first, the defendant disputed the existence of a contract and the delivery of goods. However, the court
found that delivery had taken place on the basis of documents obtained from the Hungarian Customs Authority and the
forwarding agent had delivered the goods upon receipt signed by an employee of the defendant.

The court relied upon a sales contract that had previously been concluded between the parties, in order to determine the price
of the goods and the other elements of the contract and ordered the defendant to pay (art. 9(1) and 53 CISG).

As to the obligation for payment of interest, which is not regulated by CISG, the court, on the basis of the Hungarian Act on
Private International Law (paragraph 25 of Legal Decree No. 13 of 1973), applied German law as the law of the seat of the
seller. In this context, on the basis of article 352 paragraph (1) of the German Code of Commerce (HGB), the Court awarded
to the plaintiff interest at the rate of 5% on the amount due as of the day the obligation to pay the purchase price (determined in
German currency) became due.