Case number: 8
Article number: sales convention / 99(3); (6); 100
Thessaurs issue:
Country of decision: Italy
Year of decision: 1988
Type of decision: Judicial decision

Case 8: CISG 99(3),(6); 100
Italy: Corte Suprema Di Cassazione; No. 5739 3 March 1988
Kretschmer GmbH & Co. KG V. Muratori Enzo Original in Italian
Excerpts of judgement in: Rivista di diritto internazionale privato e processuale 1990, 155, reproduced in: Uniform Law
Review II 1989, 857

An Italian exporter had concluded a contract for the sale of a cargo of fruit with a German importer. The court, noting that
Italy's ratification of CISG according to article 99(6) had taken effect only after its denunciation of the 1964 Hague Convention
relating to a Uniform Law on the International Sale of Goods, i.e. as from 1 January 1988, held that CISG did not apply in the
case at hand since the contract had been concluded before that date.