Case number: 156
Article number: sales convention / 57(1)(a))
Thessaurs issue:
Country of decision: France
Year of decision: 1993
Type of decision: Judicial decision
Case 156: CISG 57(1)(a))
France: Court of Appeal of Paris (1st Division, Urgent Proceedings Section)
10 November 1993
Soci‚t‚ Lorraine des produits m‚tallurgiques v. Banque Paribas Belgique S.A. and Soci‚t‚ BVBA Finecco
Original in French
Published in French: Juris-Classeur P‚riodique, ed. G, 1994, II, No. 22314; [1995] UNILEX, E.93-23; Journal du droit international 1994, 678
Reported on in English: [1995] UNILEX, D.93-23
Commented on by Audit, Juris-Classeur P‚riodique, ed. G, 1994, II, No.22314; Jacquet, Journal du droit international, 1994, 683; Dubarry-Loquin, Revue trimestrielle de droit commercial 1994, 698
In July 1991 a French seller and a Belgian buyer concluded a contract for the sale of metal sheets. The payment of the purchase price was guaranteed by a Belgian bank.
Since the buyer had not effected payment by the agreed date, the seller brought an action for payment against the buyer and his guarantor before a French court (Bobigny Commercial Court).
The Commercial Court found that it did not have jurisdiction and referred the case and all the parties to Gand Court (Belgium).
The seller raised an objection to this decision on the ground that the French court did indeed have jurisdiction.
The Court of Appeal applied CISG in determining where the purchase price was payable. It found that, pursuant to article 57 CISG, the purchase price was payable at the place of business of the seller, no specific stipulation having been agreed by the parties.
The Court of Appeal consequently asserted its jurisdiction.