Cut-off period (Art. 39(2)) and limitation periods

Art. 39(2) and limitation periods (in general)

Hardening agent for glue case
Cour d'appel de Rouen (Court of Appeal Rouen)
France, 26 September 2013 – 11/04939, CISG-online 2551

The loss of the buyer's right to rely on the non-conformity according to Art. 39 CISG and the limtation (prescription) of rights have to be distinguished

Can limitation (prescription) periods under domestic law that are shorter than the two-year cut-off period of Art. 39(2) CISG be applied to CISG contracts?

no:

Filling and packaging plant case
Bundesgericht/Tribunal fédéral (Swiss Federal Supreme Court)
Switzerland, 18 May 2009 – 4A_68/2009, CISG-online 1900

Limitation periods under domestic law cannot be applied where this would subject a buyer's claim to limitation even before the two-year notification period of Article 39(2) CISG has expired, as this would constitute a violation of public international law

Ecogen Holding B.V. v. Isolcell Italia S.p.A.
Tribunale di Bolzano (District Court Bolzano)
Italy, 27 January 2009, CISG-online 2344

One-year limitation period in Art. 1495(3) of the Italian Civil Code is preempted by Art. 39(2) CISG

Italian tiles case V
Tribunale d'appello Ticino (Court of Appeal Canton Ticino)
Switzerland, 05 August 2013 – 14.2013.59, CISG-online 4987

Held that one-year limitation period in Art. 1495(3) of the Italian Civil Code conflicts with Art. 39(2) CISG and therefore cannot be applied; left open how the conflict could be resolved because even the two-year period had clearly passed in the case at hand

Moulinages Poizat SA v. Filinter SA
Cour de Justice de Genève (Court of Appeal Canton Geneva)
Switzerland, 10 October 1997 – C/21501/1996 / ACJC/1230/1997, CISG-online 295

left open:

Noush Ab Darb Tabriz Industries Co. v. S.I.P.A. S.p.A.
Corte Suprema di Cassazione (Italian Supreme Court)
Italy, 26 February 2025 – 7003/2020 / 5067/2025, CISG-online 7329

Left open whether one-year limitation period under Art. 1495 of the Italian Civil Code can be applied alongside or is displaced by Art. 39(2) CISG, because five years had passed since delivery, so that both time periods had in any case passed