Case number: 47
Article number: sales convention / 31 (b); 61 (1)(b); 63; 74-77
Thessaurs issue:
Country of decision: Germany
Year of decision: 1993
Type of decision: Judicial decision

Case 47: CISG 31 (b); 61 (1)(b); 63; 74-77
Germany: Landgericht Aachen; 43 0 136/92 14 May 1993
Excerpts published in German: Recht der Internationalen Wirtschaft (RIW) 1993, 760
Summary published in Italian: Diritto del commercio internationale July-September 1993, 651
Referred to by Piltz in Neue Juristische Wochenschrift (NJW) 1994, 1101

The German seller of ten electronic ear devices demanded damages for breach of contract by the Italian buyer, who had failed
to take delivery despite the additional period of time set by the seller for the buyer to take delivery.

The court held that it had jurisdiction under article 5(1) of the Convention on jurisdiction and the enforcement of judgements in
civil and commercial matters, which provides that a party who is domiciled in a Contracting State can be sued before the
courts of the place where the obligation giving rise to the dispute had to be performed. The court applied article 31 (b) CISG,
which was applicable under German private international law as part of German law, and determined that Aachen, where the
goods had been manufactured, was the place where the seller was obliged to deliver (art. 31(b) CISG).

The court applied articles 61 (1)(b), 63 and 74-77 CISG and found that the buyer had to pay damages to the seller for failing
to take delivery of the goods, even after the additional period of time set by the seller had expired.