In July 1989 and February 1990 an Italian producer of electronic components (the buyer) ordered adaptors from a French company (the seller). According to the contract the adaptors had to be produced following the buyer's specifications and design. Moreover, the seller was obliged not to sell the goods to third parties or use them for other purposes.
The court held that the contract in question was not an international sales contract governed by CISG, as the buyer had provided 'a substantial part of the materials necessary for [the] manufacture or production [of the goods]' (Art. 3 CISG). |