Case number: 135
Article number: sales convention / 1(1)(a) 18 (1); 19 (1); 19 (3); 59; 62
Thessaurs issue:
Country of decision: Germany
Year of decision: 1995
Type of decision: Judicial decision

Case 135: CISG 1(1)(a) 18 (1); 19 (1); 19 (3); 59; 62
Germany: Oberlandesgericht Frankfurt am Main; 25 U 185/94 31 March 1995
Unpublished

The plaintiff, a German glass manufacturer, agreed to manufacture and deliver 220.000 test-tubes to the Italian defendant. During the course of negotiations, the appropriate glass type was the point of discussion as different types were mentioned. The plaintiff finally delivered test-tubes in Fiolax quality and demanded payment. The defendant refused to pay and alleged to have ordered the better Duran quality.

The court found that the CISG was applicable (art. 1(1)(a) CISG). According to articles 62 and 59 CISG, the seller can claim the price, if a contract has been concluded, i.e., if there is a valid offer and acceptance. The court found that the acceptance of the plaintiff's offer was missing as the seller and the buyer did not reach an agreement towards a specific glass quality (art. 18 (1), 19 (1), 19 (3) CISG). It was held therefore that the plaintiff could not demand payment and the suit was dismissed.