Court of Appeal of Tirana




[CLOUT case n. 1540; abstract prepared by Ilda Mucmataj].

An Italian seller (the “seller”) and an Albanian buyer (the “buyer”) negotiated a
contract for the sale of fuel tanks. The buyer accepted the seller’s final offer by fax.
The buyer also signed the contract and mailed it to the seller. According to the
contract, the seller had the duty not only to supply but also to install the fuel tanks.
The parties agreed that payment for the goods would be made in instalments. In
accordance with the contract, the seller consigned two fuel tanks to the buyer in
Durres, Albania, and the buyer confirmed the installation of the goods in writing.
In the District Court proceedings, it was established that the buyer made partial
payments under the contract and then stopped paying. As a consequence, the seller
sent the buyer frequent notifications regarding the obligation to pay monthly
instalments. The buyer gave various justifications and further postponed payment of
instalments. Under these circumstances, the seller sued the buyer in the District
Court of Tirana, demanding payment in full and legal expenses. The buyer claimed
that the fuel tanks were not in conformity with the contract and had defects that
were not apparent until several months after installation. The buyer further claimed
that it had spent a great deal of money adjusting the fuel tanks because of the

None of the buyer’s claims were proven, and they were not considered by
the District Court. The District Court found that the seller had established the
formation of the contract under Articles 11 and 14 CISG. It also found that the seller
had established the buyer’s breach of the contract under Articles 53 and 59 CISG,
namely that the buyer had failed to pay the purchase price for the goods. The
District Court also found that the buyer had failed to submit any evidence
contradicting the seller’s claims, and that the buyer bore the burden of proof to do
so. Under these circumstances, the District Court of Tirana accepted the seller’s
claims and concluded that the buyer must pay not only the amount due but also the
legal expenses.

The Court of Appeal of Tirana confirmed the District Court’s ruling, holding that the
decision was in accordance with all necessary legal requirements, including those of the CISG.


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