Impact of Art. 78 on the interpretation of non-CISG provisions

Beyond its actual sphere of application, Art. 78 CISG has occasionally been used as guidance by courts when interpreting provisions of domestic or international law. Some examples are listed below.

 

European Union law:

 
Czech Republic
Hans Fuchs Versandschlachterei KG v. Commission of the European Communities
Court of First Instance of the European Communities
European Union, 09 October 2002 – T-134/01, CISG-online 3799
Reference made to Art. 78 CISG in determining the admissibility of an ancillary claim for payment of interest under Art. 16 of the Commission Regulation (EC) No 111/1999 of 18 January 1999 laying down general rules for the application of Council Regulation (EC) No 2802/98 on a programme to supply agricultural products to the Russian Federation
 

Indian law:

 
Czech Republic
CIT v. Vijay Ship Breaking Corporation et al.
High Court of Gujarat
India, 20 March 2003 – (2003) 181 CTR Guj 134, CISG-online 5413
Reference made to Art. 78 CISG in a Indian domestic tax law dispute in order to interpret the term "interest" used in the Indian Income Tax Act