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| A German seller and a Swiss buyer concluded a contract for the sale of clothing. According to the seller's general terms and conditions, the price had to be paid in four installments at the date contractually stipulated. As the installments remained unpaid, the seller commenced an action against the buyer to recover the full purchase price with interest.
The Court held CISG applicable under its Art. 1(1)(a), since both parties had their place of business in contracting States. The Court, referring to Art. 59 CISG, rejected the buyer's argument, stating that since the buyer had not disputed the seller's general terms and conditions, the payment had to be considered due at the fixed date without need of any further formal request for payment. The seller was also awarded interest for the late payment ( Art. 78 CISG) at the rate determined by the applicable domestic law (German Law). Finally the Court entitled the seller to recover its lawyer's fee pursuant to Art. 74 CISG, stating that lawyer's fee amount to damages as long as the breach of contract requires the bringing of an action. |