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CISG-online number
7010
Case name
Racines S.A.S. v. Innovastore International OOD
Jurisdiction
France
Court
Cour d'appel de Montpellier (Court of Appeal Montpellier)
Chamber
Chambre commerciale (Commercial chamber)
Judges
Danielle Demont (Presiding Judge), Anne-Claire Bourdon (Judge), Thibault Graffin (Judge), Audrey Valero (Griffier)
Date of decision
26 March 2024
Case nr./docket nr.
22/02929
Claimant 1
Name
Racines S.A.S.
Place of business
France
Role in transaction
Buyer
Respondent 1
Name
Innovastore International OOD
Place of business
Bulgaria
Role in transaction
Seller
Case History
Racines S.A.S. v. Innovastore International OOD
Tribunal de Commerce de Montpellier (Commercial Court Montpellier)
France, 18 May 2022 – RG 2020 013486, CISG-online 6917
Present decision
Seller 1
Name
Innovastore International OOD
Place of business
Bulgaria
Role in trade
Manufacturer of the goods sold
Buyer 1
Name
Racines S.A.S.
Place of business
France
Role in trade
Producer purchasing the goods as supplies for production purposes
Category of goods
89: Miscellaneous manufactured articles, not elsewhere specified
Goods as per contract
58,968 labels (for labelling bottles of fruit juice)
Price
4'127.64 EUR (Euro)
CISG applied
no – although the parties had addressed the CISG's applicability before the Court of First Instance, the issue was not raised by them upon appeal, so that the Court of Appeal did not rule on it (applying French domestic law instead)
(Domestic) law applied in addition
French law
Non-provision-specific issues addressed
Procedural law limitations to reliance on the CISG
Full text of decision 1
Full text of decision
Original language: French