- 3 Obo 194/2007
- Supreme Court of the Slovak Republic
USAGES AND PRACTICES – PRACTICES ESTABLISHED BETWEEN PARTIES (ART. 9 CISG)
SELLER'S OBLIGATIONS (ART. 30 CISG) - DELIVERY OF THE GOODS
A Czech seller and a Slovak buyer concluded a contract for the sale of baked and confectionary goods. The seller claimed payment of the price for the goods delivered to the buyer and evidenced by several bills of lading. The Court of First Instance dismissed the seller’s action stating that it failed to prove that the goods had actually been delivered at the buyer’s shop, and thus that it had fulfilled its obligation under Art. 30 CISG. The seller appealed.
The Appellate Court held that the contract was governed by CISG as both parties had their places of business in Contracting States (Art. 1(1)(a) CISG).
As to the merits, the Court ruled in favor of the buyer finding that the seller did not provide evidence of the actual delivery of the goods. In fact, contrary to what was established commercial practice between the parties, the bills of lading submitted by the seller were neither signed nor sealed by the seller’s employees as confirmation that the goods had been handed over and conformed to the contract specifications.
Consequently, the Court dismissed the seller’s appeal.
Original in Slovak:
- available at http://cisgw3.law.pace.edu/cisg/text/081112slovak.pdf
- available at the University of Pace website, http://cisgw3.law.pace.edu/cases/081112k1.html}}