Case number: 197
Article number: sales convention / 7(2); 58; 59; 78: 100
Thessaurs issue:
Country of decision: Switzerland
Year of decision: 1994
Type of decision: Judicial decision




Case 197: CISG 7(2); 58; 59; 78: 100

Switzerland: Tribunal cantonal du Valais
20 December 1994
Original in French
Published in French in 29 Revue valaisanne de jurisprudence (RVJ) 164 [1995]




The plaintiff, an Italian seller of natural and artificial stones, sued the defendant, a Swiss buyer, for the purchase price. The defendant neither contested delivery of the goods nor claimed lack of conformity of the goods.





The court found the CISG applicable (article 100 CISG). The court held that the defendant had to pay the purchase price on the date fixed or determined by the contract (article 59 CISG). In this connection, the court stated that article 58 CISG presupposed that payment was to be effected when the seller placed the goods at the buyer's disposal.





As regards the interest requested by the plaintiff (article 78 CISG), the court held that the interest rate was to be determined pursuant to the law applicable under the choice-of-law rules of the forum (article 7(2) CISG). In accordance with Italian law, the plaintiff was awarded interest in the amount requested.