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Date: 21.11.2007 Country: Italy Number: 914/06 Court: Tribunale di Rovereto Parties: Takap B.V. v. Europlay S.r.l. Citation: http://www.unilex.info/case.cfm?id=1219

JURISDICTION - EUROPEAN COUNCIL REGULATION NO. 44/2001 ON JURISDICTION AND RECOGNITION AND ENFORCEMENT OF JUDGEMENTS IN CIVIL AND COMMERCIAL MATTERS - CISG AS A MEANS TO INTERPRET THE REGULATION UNIFORM INTERPRETATION AND APPLICATION OF CISG (ART. 7(1) CISG)- RELEVANCE OF INTERNATIONAL CASE LAW INCORPORATION OF STANDARD TERMS IN CONTRACT – TO BE DETERMINED ACCORDING TO GENERAL RULES ON CONTRACT FORMATION OF CISG (ARTS. 14, 18 CISG) AND ON CONTRACT INTERPRETATION (ART. 8 CISG) - NO RECOURSE TO DOMESTIC LAW STANDARD TERMS - NOT BINDING ON OFFEREE UNLESS ATTACHED OR OTHERWISE MADE KNOWN TO THE OTHER PARTY GOOD FAITH IN INTERNATIONAL TRADE (ART. 7(1) CISG) – PARTIES' DUTY TO CO-OPERATE AND TO GIVE INFORMATION - GENERAL PRINCIPLES UNDERLYING CISG CONFIRMATION OF ORDER - COINTANING STARDARD TERMS DIFFERENT FROM THOSE CONTAINED IN THE OFFER - AMOUNTING TO COUNTER-OFFER (ART. 19 CISG)