|An Italian seller and a German buyer concluded a contract for the sale of shoes. The buyer informed the seller of the lack of conformity of the goods, by telephoning the seller's agent nineteen days after delivery of the goods, and did not pay the price. The seller commenced action to recover the contract price.
In the Court's opinion the buyer had validly avoided the contract in accordance with Art. 49 CISG, because the seller's breach amounted to a fundamental breach of contract. The Court also found that the buyer had validly given notice of the lack of conformity of the goods as required under Art. 39 CISG. The Court noted that, besides the specification of the nature of the lack of conformity (which the buyer had apparently made), this provision only requires that notice be given within a reasonable time after discovery of the defects. Moreover, no specific formal requirements are provided for the notice. In the case at hand the buyer's notice given by telephone was valid, and nineteen days after delivery of the goods was a reasonable time of notice.