A German company ordered a market research from a Swiss research institute. A dispute arose between the parties.
Contrary to the first instance decision, the Court held that CISG was not applicable as the contract between the parties was neither a contract for the sale of 'goods' falling within the definition in Art. 1(1) CISG nor a contract for the 'supply of goods to be manufactured or produced' (Art. 3(1) CISG) but rather a works contract. Also referring to the French and English official versions of CISG, the Court defined 'goods' as tangible, corporeal things which are tipically sold in a commercial setting. |