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CISG-online number
5708
Case name
AWB v. General Company for Silos and Storage
Jurisdiction
Egypt
Court
Court of Cassation (Egyptian Supreme Court)
Chamber
Commercial and Economic Chamber
Judges
Nabil Omran (Presiding Judge), Mahmoud El-Terkawy (Judge), Dr. Mohamed Ragaa (Judge), Dr. Mustafa Salman (Judge), Salah Fadl (Judge)
Date of decision
23 June 2020
Case nr./docket nr.
No. 2490 of Judicial Year 81
Claimant 1
Respondent 1
Case History
Seller 1
Buyer 1
Category of goods
4: Cereals and cereal preparations
Goods as per contract
Wheat (origin: Australia)
CISG applicable
yes, Art. 1(1)(a)
Key CISG provisions interpreted and applied
Art. 39(1)
CISG provisions also cited
Art. 6; Art. 13; Art. 20; Art. 31; Art. 39(2); Art. 40
Non-provision-specific issues addressed
1974/1980 UN Limitation Convention; 2005 UN Convention on the Use of Electronic Communications in International Contracts; Limitation (prescription) period for claim arising under CISG contract
This decision is cited by 1
Decision published in 1
CLOUT number
1902
Comments on this decision 3
Full text, translation and abstract of decision 3
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", highlighting the importance of Art. 39(1) CISG.