Case number: 3
Article number: sales convention / 1(1)(b); 39
Thessaurs issue:
Country of decision: Germany
Year of decision: 1989
Type of decision: Judicial decision

Case 3: CISG 1(1)(b); 39
Germany: Landgericht Mnchen I; 17 HKO 3726/89 3 July 1989
Published in German: Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 1990, 316
Commented on by Reinhart, IPRax 1990, 289

A German fashion retailer and an Italian clothing manufacturer concluded in 1988 a contract for the sale of various fashion goods. The buyer refused payment, alleging to have notified the seller within eight days after delivery (and twelve days after a second delivery) of "poor workmanship and improper fitting" of the goods.

Following German private international law, the court applied CISG as the law of Italy in force at the time of the conclusion of the contract. The court held that the buyer has lost the right to rely on non-conformity of the goods since the notifications, even if sent as alleged, did not specify precisely the defect in the goods.