Case number: 105
Article number: sales convention / 3(1); (2)
Thessaurs issue:
Country of decision: Austria
Year of decision: 1994
Type of decision: Judicial decision

Case 105: CISG 3(1) and (2)
Austria: Supreme Court; 8 Ob 509/93 27 October 1994
Published in German: Zeitschrift f�r Rechtsvergleichung 1995, 159

An Austrian company ordered brushes and brooms in the former Yugoslavia. Under the contract, the Austrian company had to provide the Yugoslav company with materials for the production of the goods ordered.

The court found that the Convention was not applicable because the party ordering the goods supplied a substantial part of the materials necessary for the production of the goods (article 3(1) CISG) and the obligation of the party furnishing the goods consisted mainly in the supply of labour and services (article 3(2) CISG).