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| An Italian seller and a Belgian buyer concluded a contract for the sale of shoes. After the goods were delivered, the buyer refused to pay the purchase price and the seller commenced action claiming payment of the price and interest at the rate of 14.5% per year. At trial, the buyer alleged non conformity of the goods.
The Court held that the contract was governed by CISG. Although Belgium had not yet ratified CISG, the Belgian private international law rules (in this case the Hague Convention of 15 June 1955 on the law applicable to international sale of goods) led to the application of the law of Italy, a contracting State (Art. 1(1)(b) CISG). Finding for the seller, the Court stated that in accordance with Art. 59 CISG, the buyer must pay the price on the date fixed by the contract. In addition, the Court granted the seller the right to interest at the rate of 14.5% per year, as requested by the seller, without further specifying the reason for such interest rate and without making any reference to Art. 78 CISG. The buyer had lost the right to rely on a lack of conformity of the goods, as it failed to give notice of non conformity within a reasonable time. In this respect the Court held that a notice, in which the buyer specifies the nature of the defects, given nine months after delivery is not within a reasonable time as required by Art. 39 CISG. |