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CISG-online number
74
Case name
Veneer cutting machine case
Jurisdiction
Germany
Court
Oberlandesgericht Düsseldorf (Court of Appeal Düsseldorf)
Chamber
17. Zivilsenat (17th panel for civil matters)
Date of decision
02 July 1993
Case nr./docket nr.
17 U 73/93
Claimant 1
Respondent 1
Case History
Seller 1
Buyer 1
Category of goods
72: Machinery specialized for particular industries
Goods as per contract
Veneer cutting machine (for installation and use in a furniture combine in Russia)
CISG applicable
yes, Art. 1(1)(b)
CISG applied
yes, in determining the jurisdiction of the German courts
(Domestic) law applied in addition
Indiana law
Key CISG provisions applied
Art. 7(2); Art. 45; Art. 57(1)(a); Art. 74
CISG provisions also cited
Art. 3(1); Art. 6
Non-provision-specific issues addressed
Incorporation of standard terms into CISG contracts; Jurisdiction of the courts at the place of performance of obligations arising from a CISG contract under domestic procedural law; Personal injury (allegedly) caused by goods sold under CISG contract
This decision is cited by 4
Decision published in 2
CLOUT number
49
Case identifier in the old Albert H. Kritzer Database
930702g1
Comments on this decision 2
Full text, translation and abstract of decision 3