Case number: 190
Article number: sales convention / 2(a)
Thessaurs issue:
Country of decision: Austria
Year of decision: 1997
Type of decision: Judicial decision

Case 190: CISG 2(a)

Austria: Oberster Gerichtshof; 10 Ob 1506/94
11 February 1997
Original in German
Unpublished




The defendant, an Austrian seller of imported Italian cars, sold a Lamborghini Countach to the plaintiff, a Swiss buyer. The seller, however, could not deliver the car to the buyer.





The court held that since the car was purchased for personal use, in accordance with its article 2(a), the CISG was not applicable to the case. Nevertheless, the court stated that the CISG could have been applied to the case if the fact that the seller "neither knew nor ought to have known that the goods were bought for any such use" had been proved by the seller.