- A 3 1993 84
- Kantonsgericht Zug
DAMAGES (ART. 74 CISG) - COSTS FOR NON-JUDICIAL REQUEST OF PAYMENT - RECOVERABLE IF PAYMENT WAS OVERDUE AT TIME OF REQUEST
INTEREST (ART. 78 CISG) - LATE PAYMENT OF PRICE - INTEREST RATE - STATUTORY RATE OF CREDITOR'S COUNTRY - FURTHER DAMAGES - EVIDENCE
A German seller and a Swiss buyer concluded several contracts for the sale of fashion goods.
The Court found the seller entitled to payment of the price. Moreover the Court awarded as damages to the seller the expenses of a non-judicial request of payment, pointing out that such expenses have to be reimbursed if, at the time of the request, payment was overdue.
The seller was awarded interest on the unpaid price. As CISG does not determine the interest rate the Court applied the law otherwise applicable to the contract (in the case at hand, German law) and, as the seller had given evidence of having had recourse to bank loans, granted the higher interest rate of 12%.
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Original in German:
- Schweizerische Zeitschrift für Internationales und Europäisches Recht (SZIER), 1/1997, 134-135}}