- Appellationsgericht Tessin
AGENCY - MATTER EXCLUDED FROM SCOPE OF CISG (ART. 4 CISG) - DOMESTIC LAW APPLICABLE
INTEREST RATE - DETERMINED BY DOMESTIC LAW OTHERWISE APPLICABLE TO THE CONTRACT
An Italian seller and a Swiss buyer concluded a contract for the sale of paper for xerox machines. The seller commenced an action to recover the purchase price. The buyer refused payment alleging that it had acted as agent of a Bulgarian Company.
As agency is a matter excluded from the scope of CISG the Court held Swiss law applicable to this matter (Art. 4 CISG).
The seller was awarded interest on the unpaid price (Art. 78 CISG). With respect to the interest rate the Court applied Swiss private international law rules which led to the application of the Italian statutory rate.
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Original in German:
- Schweizerische Zeitschrift für Internationales und Europäisches Recht (SZIER), 1/1997, 135-136}}