Date: 28.11.2002
Country: France
Number: -
Court: Cour d'appel de Grenoble - Chambre commerciale
Parties: -
A Cuban seller and a French buyer entered into a contract for the sale of a certain amount of machinery. A dispute arose between the parties concerning the payment of the price.

The First Instance Court condemned the buyer to pay the amount of the unpaid bills and 4000 francs in application of Art. 700 of the new French code of civil procedure.

The Court of Appeal confirmed the application of CISG since both States (Cuba and France) were Contracting States to the Convention.

As to the merits, the Court first of all stated that the sales contract at stake was validly concluded notwithstanding the fact that the seller had not signed it, since according to CISG the conclusion of a sales contract is not subject to any requirement as to form (Art.11 CISG).

The Court of Appeal furthermore confirmed the lower Court’s decision concerning the payment of the price, granting however the seller in addition interest on the unpaid sum, as provided by art. 78 CISG. As to the rate of interest,the Court applied the statutory rate of the domestic law otherwise applicable (Cuban law)and, for the period of time with respect to which it was not possible to establish the Cuban statutory rate, the French statutory rate.

As to the damages, the Court of Appeal held that, even if according to art. 74 the aggrieved party may claim damages, it is up to that party to provide the necessary evidence of the loss suffered. In the case at hand the seller had only proved the non-payment of the price by the seller, with the consequence that no further damages in addition to the interest can be awarded for its benefit.