A seller and a buyer concluded a contract on the delivery of honey. They agreed on German law as the law governing the contract. The seller did not have an export license, therefore a third party delivered the requested goods to the buyer. The buyer did not consider this delivery as performance and refused to pay the price to the seller.
The Court held that the Convention was applicable in the case at hand. A choice of law clause contained in the contract in favor of German law was considered not to exclude the application CISG (Art. 6 CISG), as CISG is part of German law.
As to merits, the Court held that the seller had a right to obtain payment of the price because the contract had been performed (Art. 53 CISG). The Court considered that the admissibility and effects of performance by a third party is a question not governed by CISG and has to be solved applying the relevant domestic law, in the case at hand German law.
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