A German seller and a German buyer concluded a contract for the sale of tickets for the 1990 football World Cup final in Rome. The Tickets had to be handed over in Rome. A dispute arose between the parties.
The Court held that the contract of sale was not governed by CISG as the contract had been concluded beofre the entry into force of CISG, in Germany (Art. 100 CISG). Further the COurt observed that even if the contract had been conccluded after the entry into force of CISG, the Convention would not have been applicable as the parties had their places of business in the same State (Art. 1(1)CISG). |