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| A Swiss buyer ordered construction material from a German seller, which in addition undertook to supply the service of construction of a roof at the buyer's building site in Switzerland. As the purchase price remained unpaid the seller sued to obtain payment and interest, plus recovery of debt collection costs.
The Court found that the contract was covered by CISG because the preponderant part of the obbligations of the seller consisted in the supply of goods and not of labor or services (Art. 3(2) CISG). The seller was awarded payment of the price plus interest according to Art. 78 CISG, accruing from the time indicated in the seller's pleadings. The interest rate was determined by the domestic law otherwise applicable to the contract, absent an express provision in CISG. Finally, the seller had the right to claim recovery of the extra judicial collection costs incurred (Art. 74 CISG) |