Case number: 198
Article number: sales convention / 1(1)(b); 100

Thessaurs issue:
Country of decision: Switzerland
Year of decision: 1994
Type of decision: Judicial decision

Case 198: CISG 1(1)(b); 100

Switzerland: Tribunal cantonal du Valais
21 October 1994
Original in French
Published in French in 28 Revue valaisanne de jurisprudence (RVJ) 312 [1994]
Commented on in French by Vouilloz in 28 Revue valaisanne de jurisprudence (RVJ) 337 [1994]




The defendants, two Swiss sellers of computer software, attached the Swiss bank accounts of the plaintiff, a French buyer, and asked for specific performance of the sale of software contract, which had been declared avoided by the plaintiff.





The court ruled under Swiss law in favour of the defendants. The court, deciding on the issue of jurisdiction, held that the CISG was not applicable in Switzerland. The CISG had entered into force in Switzerland on 1 March 1991 and the contract for the sale of the software was concluded on 21 September 1990. Pursuant to its article 100, the CISG applies only when the proposal for concluding the contract is made on or after the date when the CISG enters into force in the Contracting States. In addition, the CISG was neither applicable under article 1(1)(b) CISG, since the relevant Swiss choice-of-law rule designated Swiss law at the place of the seller as the applicable law.