A Danish seller delivered goods to a French buyer under a letter of confirmation in English language. The buyer refused to tale delivery of the goods and did not pay the price. The buyer sued the seller claiming for payment of the price. The court of first instance rejected the claim on the ground that no contract had been concluded between the parties.
The appellate court addressed the question of whether CISG was applicable to the matter of conclusion of a contract, since Denmark declared under Art. 92 CISG that its is not bound by Part II of CISG relating to the formation of the contract. The court held that this reservation does not apply, with the consequence that the court must apply also Part II of CISG on Formation of Contract, when the conflict of law rules lead to the application of the law of State (in this case France) which ratified CISG with no reservation. |