Case number: 143
Article number: sales convention / 1(1)(a); 92(1); 100(2)
Thessaurs issue:
Country of decision: Hungary
Year of decision:
Type of decision: Judicial decision

Case 143: CISG 1(1)(a); 92(1); 100(2)
Hungary: Metropolitan Court
Original in Hungarian
Unpublished

The plaintiff, a Swedish company, sued the defendant, a Hungarian company, requesting payment of the price for the goods delivered. The defendant disputed the existence of a valid contract.

The court, noting that the parties had their places of business in different Contracting States of the CISG and that those States had ratified the Convention before the conclusion of the relevant contract between the plaintiff and the defendant, found the CISG to be applicable (art. 1(1)(a) and 100(2) CISG). Also noting that Sweden had accepted the Convention with a reservation concerning Part II (formation of the contract) (92(1) CISG), the court applied the provisions of the Hungarian private international law and found that Swedish law was applicable with regard to the formation of the contract.

Under the Swedish Act No. 28 of 1915, the contract had to be concluded in writing. The court found that the contract had in fact been concluded in writing, and, applying the CISG in all other respects, dismissed the defence of the defendant as unfounded and ordered the defendant to pay the price.