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CISG-online number

601

Case name

Damstahl A/S v. A.T.I. S.r.l.

Jurisdiction

Denmark

Court

Højesteret (Danish Supreme Court)

Date of decision

15 February 2001

Case nr./docket nr.

569/1997

Claimant 1

Respondent 1

Case History

Seller 1

Buyer 1

Category of goods

67: Iron and steel

Goods as per contract

1500 m of acid- and rust-resistant pipes 30 x 2 mm of the type wst. 4436/aisi 316

Key CISG provisions applied

Art. 1(1)(a); Art. 1(1)(b)

CISG provisions also cited

Art. 6; Art. 7(2); Art. 8; Art. 9; Art. 19; Art. 31(a); Art. 92

Editorial remark
by Kasper Steensgaard

The case concerned jurisdiction a case of delivery of defective pipes between a Danish buyer and an Italian seller. The court had to decide whether a "franco" delivery clause in the parties' agreement could forms basis for jurisdiction under art. 5(1) Brussels Convention (1968). The parties agreed that Italian law was applicable to the case, the clause had to be interpreted accordingly, which meant that the clause only affected the distribution of transportation costs - and not the place of delivery (as opposed to under § 65 of the Danish Sales Act). The place of delivery was then decided under art. 31(a) CISG, which was at the place of handing over the pipes to the first carrier in Italy. Thus the Danish courts could not claim jurisdiction under art. 5(1) Brussels Convention (1968), and the case was dismissed. The Supreme Court of Denmark affirmed the decision by the Western High Court.

Decision published in 1

CLOUT number

998

Case identifier in the old Albert H. Kritzer Database

010215d1

Comments on this decision 3

Full text and abstract of decision 2