Case number: 207
Article number: sales convention / 31
Thessaurs issue:
Country of decision: France
Year of decision: 1997
Type of decision: Judicial decision




Case 207: CISG 31
France: Court of Cassation (1st Civil Division)
2 December 1997
Société Mode jeune diffusion v. Société Maglificio il Falco di Tiziana Goti e Fabio Goti et al.
Original in French
Published in French: CISG-France http://www.jura.uni-sb.de/FB/LS/Witz/021297.htm
The seller, a company with its place of business in Italy, delivered goods to a French buyer in 1992. The buyer's order form contained a jurisdiction clause in favour of the Commercial Court of Roubaix-Tourcoing in France. However, the invoices sent by the Italian company to the French party to the contract referred to the jurisdiction of the Commercial Court of Prato in Italy.

Considering the goods to be defective, the French buyer sued the Italian company before the Commercial Court of Roubaix-Tourcoing. The Italian seller raised an objection that the Italian, not the French, court had jurisdiction. When the Court allowed the objection to jurisdiction, the French buyer lodged an appeal.

The Court of Appeal of Douaí then determined jurisdiction according to the place of performance of the seller's obligation to deliver as the obligation on which the claim was based within the meaning of article 5(1) of the Brussels Convention. The Court considered that, the sale being governed by CISG, the place of delivery was in Italy, this being the place where the goods were handed over to the first transporter for delivery to the buyer, in conformity with article 31 CISG.

The French seller brought an appeal against this ruling. The Court of Cassation rejected the appeal on the ground that it considered that the Court of Appeal had justified its decision from the legal point of view by finding that the place of performance of the seller's obligation to deliver was in Italy, the place where the goods were handed over to the buyer, this place being further indicated by correct application of article 31 CISG.