Transcript Sale of goods

Court jurisdiction
and applicable laws
http://eulaw.typepad.com/eulawblog/2010/12/internet-sales-jurisdiction-andconsumer-protection-joined-cases-c-58508-and-c-14409.html
1. Brussels I COUNCIL REGULATION (EC) No 44/2001
of 22 December 2000 on jurisdiction and the
recognition and enforcement of judgments in civil
and commercial matters
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2001:012:0001:0023:EN:PDF2.
2. United Nations Convention on the International
Sale of Goods 11 April 1980 -CISG
http://www.uncitral.org/pdf/english/clout/08-51939_Ebook.pdf
3. REGULATION (EC) No 593/2008 OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL
of 17 June 2008 on the law applicable to contractual
obligations (Rome I)
http://www.cojef-project.eu/IMG/pdf/Rome_I_regulation.pdf
 4.
CONVENTION ON THE LAW APPLICABLE TO
CONTRACTS FOR THE INTERNATIONAL SALE OF
GOODS (Concluded December 22, 1986) Hague
 Convention
on the Limitation Period in the
International Sale of Goods 14.06.1974
(New York, 1974)
 5.
Prawo prywatne międzynarodowe z dnia
4 lutego 2011 r. (Dz. U. 2011/80/432) art. 28
 KPC
art. 1103 i 1145 and 1150
 The
Limitation Convention establishes uniform
rules governing the period of time within
which a party under a contract for the
international sale of goods must commence
legal proceedings against another party to
assert a claim arising from the contract or
relating to its breach, termination or validity.
 The
limitation period is set at four years
(art. 8)
 applies
to contracts for the sale of goods
between parties whose places of business are
in different States if both of those States are
Contracting States or when the rules of
private international law lead to the
application to the contract of sale of goods
of the law of a Contracting State. It may also
apply by virtue of the parties' choice.

Seller of Polish doimicile has sold the immovable
property (ground) to Buyer of German nationality
and domicile. Yet, the Buyer has not paid the
price. The parties did not chose any legal system
governing the contrat.
 1.

What court is to deal with the dispute ?
2. What is the law that rules the case ?
 Domicile
art. 25 C.C.
 Domicile of natural person is the place where
that person stays with the intention of
residing permanently
 The
domicile of a child under parental
authority - the parent who has exclusive
parental authority ot to whom it has been
entrusted.
 New
REGULATION (EU) No 1215/2012 OF THE
EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 12 December 2012 on jurisdiction and the
recognition and enforcement of judgments in
civil and commercial matters





rights in rem in immovable property or tenancies of
immovable property: the courts of the EU country in which
the property is situated;
the validity of the constitution, the nullity or the dissolution
of companies or other legal persons or of the validity of the
decisions of their organs: the courts of the EU country in
which the legal person has its seat;
the validity of entries in public registers: the courts of the
EU country in which the register is kept;
the registration or validity of patents, trade marks, designs
or other similar rights: the courts of the EU country in which
the deposit or registration has been applied for, has taken
place or is under the terms of an Union instrument or an
international convention deemed to have taken place;
the enforcement of judgments: the courts of the EU country
in which the judgment has been or is to be enforced.
 Art.
4 c)
 a contract relating to a right in rem in
immovable property or to a tenancy of
immovable property shall be governed
by the law of the country where the property is
situated
 Seller
of Polish nationality has sold the
apples to Buyer of German nationality. Yet,
the Buyer has not paid the price. The parties
did not chose any legal system governing the
contrat.
 1. What court is to deal with the dispute ?
 2. What is the law that rules the case ?
 3.
Should the answer be different when the
object of sale contract was a computer with
software programmes ?
Article 5
 A person domiciled in a Member State may, in
another Member State, be sued:
 1. (a) in matters relating to a contract, in the
courts for the place of performance of the
obligation in question;
 (b) for the purpose of this provision and unless
otherwise agreed, the place of performance of
the obligation in question shall be:
 - in the case of the sale of goods, the place in a
Member State where, under the contract, the
goods were delivered or should have been
delivered,

Applicable law in the absence of choice
1. To the extent that the law applicable to the
contract has not been chosen in accordance with
Article 3 and without prejudice to Articles 5 to
8, the law governing the contract shall be
determined as follows:
(a) a contract for the sale of goods shall be
governed by the law of the country where the
seller has his habitual residence;
(b) a contract for the provision of services shall be
governed by the law of the country where the
service provider has his habitual residence

Article 8
(1) To the extent that the law applicable to a contract of
sale has not been chosen by the parties in accordance with
Article 7, the contract is governed by the law of the State
where the seller has his place of business at the time of
conclusion of the contract.
(2) However, the contract is governed by the law of the
State where the buyer has his place of business at the time
of conclusion of the contract, if  a) negotiations were conducted, and the contract
concluded by and in the presence of the parties, in that
State; or
b) the contract provides expressly that the seller must
perform his obligation to deliver the goods in that State; or
c) the contract was concluded on terms determined mainly
by the buyer and in response to an invitation directed by
the buyer to persons invited to bid (a call for tenders).

 Article
2 Hague 1986 r.
The Convention does not apply to  a) sales by way of execution or otherwise by
authority of law;
b) sales of stocks, shares, investment
securities, negotiable instruments or money; it
does, however, apply to the sale of goods
based on documents;
c) sales of goods bought for personal, family or
household use; it does, however, apply if the
seller at the time of the conclusion of the
contract neither knew nor ought to have
known that the goods were bought for any
such use.
 Seller
of Polish domicile has sold his car to
Company of USA domicile, and the car was to be
used for business purposes. Yet, the Buyer has
not paid the price. The parties have not chosen
legal system governing the contrat in case of
the disputes.
 1. What court is to deal with the dispute ?
 2. What is the law that rules the case ?
 3.
Should the answer be different when the
object of sale contract was bought by private
person for family use ?
 Seller
of Polish nationality has sold the
apples to Buyer of German nationality. Yet,
the Buyer has not paid the price. The parties
did not choose any legal system governing
the contrat.
 1. What court is to deal with the dispute ?
 2. What is the law that rules the case ?
James Smith, domiciled in Germany, reserved a
room, for a week, in hotel in Austria. He has
consulted the hotel’s website and made his
reservation by email, using the address indicated on
the website. James Smith didn’t like hotel services
and left without paying the bill.
The hotel has brought an action before an Austrian
court for payment for his stay. James Smith raised a
plea of lack of jurisdiction,saying that, as a
consumer domiciled in Germany, he could be sued
only in the German courts
 1. What court is to deal with the dispute ?
 2. What is the law that rules the case to be applied
by the court?

 The
problem arose because Article 15 (1) c) of
Regulation 44/2001 sets out protective rules of a
consumer
 A consumer plaintiff may bring proceedings against
another party to a contract either in the courts of
the member State in which that party is domiciled
or in the courts where the consumer is domiciled
and proceedings may be brought against a
consumer defendant only in the courts of the
member State in which the consumer is domiciled if
“the contract has been concluded with a person
who by any means, directs [his] activities to that
Member State ” /(read Art. 16 also)

Does mere use of a website,
whatever the territory targeted,
amount to an activity ‘directed
to’ other member States which
triggers application of the
protective rule of jurisdiction
referred to in Article 15(1)(c) of
Regulation No 44/2001 ?

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A)the international nature of the activity,
B) itineraries from other member States for going to the
place where the trader is established,
C) use of a language or a currency other than the
language or currency generally used in the member State
in which the trader is established with the possibility of
making and confirming the reservation in that other
language,
D) telephone numbers with an international code, outlay
of expenditure on an internet referencing service in
order to facilitate access to the trader’s site or that of
its intermediary by consumers domiciled in other
member States,
E) use of a top-level domain name other than that of the
member State in which the trader is established,
F) and mention of an international clientele composed of
customers domiciled in various member States.
G) Advertising website in foreign media
 Read
European Court of Justice decision on
Internet Sales, Jurisdiction and Consumer
Protection: Joined Cases C-585/08 and C144/09