|An Italian seller and a German buyer concluded a contract for the sale of shoes. After taking delivery, the buyer complained over the telephone lack of conformity of the goods and refused to pay the price. The seller commenced legal action to recover the contract price.
The court held that, in principle, notice of non conformity may also be given via telephone. However, in the case at hand, the court stated that the buyer could not rely on lack of conformity. In fact, the buyer had not proved evidence either to have given notice within a reasonable time, or to have specified the nature of the lack of conformity, as required in Art. 39(1) CISG. Therefore, the buyer was obliged to pay the price according to Art. 53 CISG.