Case number: 162
Article number: sales convention / 1(1)(a); 57
Thessaurs issue:
Country of decision: Denmark
Year of decision: 1996
Type of decision: Judicial decision
Case 162: CISG 1(1)(a); 57
Denmark: Ostre Landsret
22 January 1996
Dänisches Bettenlager GmbH & Co. KG v. Forenede Factors A/S
Published in Danish: Ugeskrift for Retsvasen (UfR) 1996, 616 OLK
The plaintiff, a Danish factoring company, sued the defendant seeking to collect debts based on several invoices for the supply of goods. The debts had been assigned by the defendant's supplier to the plaintiff.
In order to determine which court had jurisdiction, the court applied article 5(1) of the 1968 EU (Brussels) Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters, according to which an EU domiciliary may be sued in the courts at the place of performance of the obligation in question (payment). The court found that the CISG was applicable since both Germany and Denmark were States Parties to the CISG and the transaction dealt with the sale of goods. The court further held that the court at the seller's place of business had jurisdiction (article 57 CISG).