Case number: 195
Article number: sales convention / 74; 78
Thessaurs issue:
Country of decision: Switzerland
Year of decision: 1995
Type of decision: Judicial decision

Case 195: CISG 74; 78

Switzerland: Handelsgericht des Kantons Zürich; HG 930476
21 September 1995
Original in German
Unpublished
Abstract published in German in Schweizerische Zeitschrift für Internationales und Europäisches Recht 53 [1996]




The Austrian producer of air conditioning and heating equipment sued the Swiss buyer for the purchase price and damages, including interest.





The court ruled in favour of the plaintiff. With respect to damages, the court explained that the plaintiff could ask for higher damages than those under the applicable law by proving that it was paying a higher rate of interest (article 74 CISG).





As regards interest, the court found that article 78 CISG was applicable. However, as article 78 CISG does not address the question of the applicable rate of interest, the court applied Austrian law in determining the rate of interest.