Egyptian Supreme Court highlights Art. 39(1) CISG
On 23 June 2020, the Egyptian Supreme Court highlighted the importance of Art. 39(1) CISG. The Australian Wheat Board (AWB) sold wheat to the General Company for Silos and Storage on 19 April 1994. When the wheat arrived in Egypt six years later, the shipment was not allowed to enter the country due to non-conformity with Egyptian standards on Saponaria seed. The buyer claimed damages against the seller. The court of first instance rejected the claim, but upon appeal, the Cairo Court of Appeal granted it. The Egyptian Supreme Court annuled the latter judgment, because it failed to take into account Art. 39(1) CISG, i.e. that the buyer must generally notify the seller of non-conformities within "reasonable time".
In addition to the full text in Arabic and the CLOUT abstract by Ibrahim Shehata and Khaled El-Khashab, CISG-online provides an English translation of the full text fresh from the press. We are very grateful to Omnia Talia Gadalla for her translation that can be accessed via the case presentation (see below).
Court of Cassation (Egyptian Supreme Court)
Egypt, 23 June 2020 – No. 2490 of Judicial Year 81, CISG-online 5708