In the framework of an ongoing contractual relationship between a French seller, producing blades for windmill drives and a Dutch buyer, producing windmill drives, the seller asked payment for one delivery. While the parties were arguing about the right amount to be paid and the modes of payment the French seller assigned the outstanding claims to a Belgian bank. The buyer was asked to pay the outstanding amount to the bank. The debtor adduced defences against the assignment.
The Court held that though CISG was applicable to the contract of sale concluded between the parties (Art. 1(1)(a) CISG), all questions relating to assignment of debts are matters excluded from the scope of CISG and are to be settled according to the applicable domestic law (French law). |