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| An Austrian seller and a Swiss buyer concluded a contract for the sale of fabric. The alleged assignee of the seller's claim commenced an action against the buyer to obtain payment.
The Court held that the contract was governed by CISG as the parties had their places of business in contracting States (Austria and Switzerland) (Art. 1(1)(a) CISG). The Court held that the validity of the assignment of the seller's right to the claimant was a matter falling outside the scope of CISG (Art. 4 CISG), and that under the applicable domestic law (Austrian law) the assignment was valid. The Court held that interest was payable on the sums due to the claimant. As CISG does not determine the interest rate (Art. 78 CISG), the Court stated that it was to be determined in accordance with the domestic law of the creditor's country (Austria). |