Post by Utku Ilgaz Sümer

Is This the End? Over the past year, case review notes have been prepared on 52 different court decisions within the "CISG Case Notes Series". The purpose of the series has been to write each week on decisions addressing as many different CISG-related issues as possible and, at the same time, to provide an opportunity to discuss these decisions with lawyers from many different parts of the world. This has also been a highly instructive process for me. At this stage, it should be considered whether the series should come to an end here, or whether a change should be made in terms of subject matter, scope, or content. Comments and suggestions from readers on these questions would be greatly appreciated. Thank you very much. CISG Case Notes Series No. 52 A case review has been prepared on a 2024 decision* of the District Court of Strasbourg concerning the cross-border sale of a used printing machine. In the decision, the formation of the sales contract, the seller’s obligation to deliver, the buyer’s right to seek termination, and the application of contractual penalty clauses are examined under the CISG and French law. The dispute arose after a 10% deposit had been paid by the buyer and the seller later stated that the machine could not be delivered. The buyer’s claim for termination and contractual penalty, as well as the seller’s objections based on the contractual provisions addressing delivery uncertainty, are addressed in the judgment. The review sets out the facts, the parties’ claims and defences, the relevant contractual clauses, the applicable legal provisions, the court’s reasoning, and the operative part of the decision in a structured form. *For the full text of the decision: https://lnkd.in/dmAiutNV #CISGCaseNotesSeries #CISG #DroitPrivé #Law