Case number: 218
Article number: sales convention / 53
Thessaurs issue:
Country of decision: Switzerland
Year of decision: 1997
Type of decision: Judicial decision

Case 218: CISG 53
Switzerland: Kantonsgericht Zug, A3 1997 39
16 October 1997
Original in German
Unpublished
Abstract published in German in 1 Schweizerische Zeitschrift für Internationales und Europäisches Recht 83 [1998]
A German seller of watches and measuring instruments sued a Swiss buyer for the payment of the purchase price for hygrometers. The buyer claimed to have returned part of the goods to the seller and claimed damages for the violation of an exclusive agreement in a counterclaim.

The court held that the buyer was under an obligation to pay the purchase price (article 53 CISG) and did not grant the counterclaim because the buyer did not furnish sufficient proof either for the exclusive agreement or of having returned the goods. The interest rate was determined based on the law applicable pursuant to the forum's rules of private international law, which led to German law (' 352 Handelsgesetzbuch).