Case number: 96
Article number: sales convention / 87
Thessaurs issue:
Country of decision: Switzerland
Year of decision: 1994
Type of decision: Judicial decision

Case 96: CISG 87
Switzerland: Cantonal Court of Vaud; 01 93 1308
17 May 1994
Unpublished
Original in French
Summarized in German: Schweizerische Zeitschrift f�r internationales und europ„isches Recht 2/1995

The Swiss buyer of industrial machinery applied for a provisional measure requesting the German seller to deposit in the
warehouse of a third party a device retained by the seller in its premises, which was necessary for the operation of the
machinery delivered but not fully paid for. The seller invoked, inter alia, article 87 CISG, arguing that the buyer should bear the
cost of the deposit of the device in a warehouse.

The court found that CISG was applicable. However, it held that, as long as its order was in accordance with cantonal rules of
procedure, it was not bound by CISG on the matter of the expenses of the deposit, since that was a procedural matter and the
Convention applied only to substantive law matters.