A Belgian seller and a French buyer concluded a contract for the sale of fruits. The buyer only paid a part of the purchase price because it alleged a lack of conformity of the goods. The seller commenced an action against the buyer to recover the full contract price. The seller alleged that Belgian law was applicable whereas the buyer alleged that French law was applicable. The first instance Court (Tribunal de Commerce de Saint Quentin, 15-02-1999) condemned the buyer to pay a part of the sum requested by the seller. The seller appealed.
The Court of Appeal rejected the lower court's decision and held that the contract was governed by CISG, as at the time of the conclusion of the contract the parties had their places of business in contracting States (Belgium and France) (Art. 1(1)(a) CISG). Besides, there was no evidence that the parties excluded the application of CISG. The Court of Appeal remitted the case to a lower Court. |