Case number: 25
Article number: sales convention / 1(b); 57(a)
Thessaurs issue:
Country of decision: France
Year of decision: 1993
Type of decision: Judicial decision

Case 25: CISG 1(b); 57(a)
France: Cour d' Appel de Grenoble, Chambre des Urgences 16 June 1993
Original in French
Unpublished

In the context of commercial relations providing for phased delivery of goods, a Spanish businessman bought construction
materials from a French company. He thus received delivery, from January to June 1991, of certain materials at the principal
place of business of the French company. Alleging that the materials were defective the buyer refused to pay their price and
was sued before the French interim relief court, which found that it did not have substantive and territorial jurisdiction.

Based on the provisions of article 5/1 of the EC Convention on Jurisdiction and Enforcement of Judgements in Civil and
Commercial Matters of 27 September 1968, the appellate court found in favour of the competence of the French court, since
it was the court of the place of performance of the obligation of the buyer to pay.

The appellate court held that the contractual relationship of the parties constituted an international sale of goods and applied
CISG as the relevant French law, in accordance with the French private international law. Applying article 57(1)(a) CISG the
court determined that the price of the goods should have been paid at the place of business of the seller.