A French buyer and a Spanish seller entered into a contract for the sale of footware. A dispute arose between the parties concerning third party intellectual property rights on the goods sold.
The Court of Appeal (Cour d'appel de Rouen 17.02.2000) held that since at the time of conclusion of the contract the buyer could not have been unaware of the existence of third party intellectual property rights on the goods, the seller, according to Art. 42(2)(a)CISG, was exonerated from the obligation to deliver goods free from any right or claim of a third party based on intellectual property.
The Supreme Court confirmed the Lower Court's decision and condemned the buyer to pay the legal expenses.
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