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CISG-online 2925
Jurisdiction Germany
Tribunal Landgericht Hamburg
Chamber 19. Kammer für Handelssachen
Claimant Buyer
Respondent Seller
Date of decision 17-Jul-2017
Case no./Docket no. 419 HKO 57/15
Seller's country USA
Buyer's country Germany
Goods involved Rotary compound liner (Verpackungsmaschine)
Application of the CISG Yes, Art. 1(1)(a)
Key CISG provisions cited and discussed Art. 8; Art. 14; Art. 18
CISG provisions also cited
CISG provisions discussed, but not in fact cited
Decision published in
Abstracts
CLOUT no. 0
Pace database (translation generally available)
Other translations
Case history


Text of decision Click here
Comments on decision The present case deals with the jurisdiction of the Hamburg courts, in particular the question whether a forum selection clause in favour of the Hamburg courts contained in the buyer's standard terms of purchase had been agreed upon by the parties. In deciding the matter, the court applied Articles 8, 14 and 18 of the CISG as previously interpreted by other courts under the Convention. The decisive issue was whether the buyer had made his standard terms available to the seller in a sufficient manner. The court held that a mere reference in the buyer's contract formation declaration to the buyer's internet homepage (where the standard terms' text could allegedly be found) was insufficient, at least where the declaration containing such reference was not made via internet, but by letter (as here). Accordingly, the court denied the jurisdiction of the Hamburg courts.

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