Case number: 81
Article number: sales convention / 38; 39; 78
Thessaurs issue:
Country of decision: Germany
Year of decision: 1994
Type of decision: Judicial decision

Case 81: CISG 38; 39; 78
Germany: Oberlandesgericht Dsseldorf; 6 U 32/93 10 February 1994
Published in German: Recht der Internationalen Wirtschaft (RIW) 1995, 53

The defendant, a German buyer of textiles, refused to pay to the plaintiff, a French seller, the balance of the purchase price, on
the grounds that the goods did not conform with the contract specifications. At issue was whether the defendant raised the
objection of lack of conformity within a reasonable period of time. The fist instance court held in favour of the plaintiff.

The appellate court found that the contract had been concluded before the CISG entered into force for Germany and, applying
German private international law rules, held that the CISG was applicable as part of the applicable law of France. On the
merits of the case, the court found that the defendant had raised the objection of lack of conformity of the goods two months
after delivery, while it could have discovered easily the defects and raised the objection within a few days after delivery, if it
had conducted a random search. It was held that the defendant had lost its right to allege lack of conformity because it failed to
raise it within a reasonable time.

The court of appeals held that interest was payable under article 78 CISG at the rate existing under other applicable French
law. The case was remanded to the first instance court because of procedural errors.