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CISG-online number
681
Case name
Motorcycle clothing case
Jurisdiction
Germany
Court
Oberlandesgericht Köln (Court of Appeal Cologne)
Chamber
16. Zivilsenat (16th panel for civil matters)
Date of decision
28 May 2001
Case nr./docket nr.
16 U 1/01
Claimant 1
Respondent 1
Case History
Seller 1
Buyer 1
Category of goods
84: Articles of apparel and clothing accessories
Goods as per contract
Motorcycle clothing
CISG applicable
yes, Art. 1(1)(a) or (b)
CISG applied
yes
(Domestic) law applied in addition
German law
Key CISG provisions interpreted and applied
Art. 1(1) (distinction between sales contract and commission contract)
CISG provisions also cited
Art. 6; Art. 53; Art. 78
Relevant CISG provisions not cited
Art. 4 (set-off not governed by CISG)
This decision cites the following other CISG-online cases 2
This decision is cited by 1
Decision published in 3
Case identifier in the old Albert H. Kritzer Database
010528g1
Full text and translation of decision 2
