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CISG-online 3052
Jurisdiction Germany
Tribunal Oberlandesgericht Stuttgart
Chamber 5. Zivilsenat
Claimant Seller
Respondent Buyer
Date of decision 07-Aug-2017
Case no./Docket no. 5 U 188/16
Seller's country Germany
Buyer's country Switzerland
Goods involved LEDs (Backlight Matrix) (LEDs (Backlight Matrix))
Application of the CISG Yes, Art. 1(1)(a)
Key CISG provisions cited and discussed Art. 18(1)
CISG provisions also cited
CISG provisions discussed, but not in fact cited Art. 6; Art. 14 (inclusion of standard conditions)
Decision published in Zeitschrift für Vertriebsrecht (ZVertriebsR) 2018, 131-134
CLOUT no. 0
Pace database (translation generally available)
Other translations
Case history

Text of decision
Comments on decision The present decision deals exclusively with the jurisdiction of the German courts over the dispute arising from a German-Swiss contract of sale. The Court of Appeal found that the parties had agreed on a place of performance under Article 5(1)(b) of the 2007 Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matter by including the INCOTERM "EXW" in their contract. In this context, the Court of Appeal refers to Article 18(1) of the CISG, before referring the matter back to the District Court. The present decision makes no further mention of the CISG.

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