- High Commercial Court
- Bridgestone/Firestone GmbH v. Weimar d.o.o.
BUYER'S OBLIGATIONS - PAYMENT OF PRICE
[CLOUT Case no. 916. Abstract prepared by Davor Babic]
Over the period of several years, an Austrian company sold automobile tyres to a Croatian company. The Croatian company had instructed the seller to invoice an offshore company organized under the laws of Delaware and owned by a manager of the Croatian company. When the Croatian company refused to pay for the last delivery, the seller filed a suit for the payment of price in the Commercial Court of Zagreb. The Croatian company claimed that the seller had never entered into a contractual relationship with the Croatian company, but with the offshore company to which invoices were issued.
The first instance Court found that there was indeed a contract of sale under the CISG with the Croatian company and that the company was liable for the payment of price.
The High Commercial Court referring to article 7(2) CISG in the context of defining a contract of sale, held that although the CISG does not provide a definition of the contract of sale, this can be inferred in articles 30 and 53 CISG. Under article 30 CISG, the seller has an obligation to deliver the goods: in this particular case, the Austrian company had performed its obligation. However, the Croatian company had not performed its obligation ex article 53 CISG to pay for the delivery of the goods. Therefore, the Croatian company was liable for the payment of the price.
Original in Croatian:
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