In the dispute between AstraZeneca and European Commission, the Belgian Court does not mention (in point IV. A. of the Decision) art. 25 of Regulation (EU) 1215/2012 Of the European Parliament and of the Council. This article states that “[i]f the parties, regardless of their domicile, have agreed that a court or the courts of a Member State are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have jurisdiction, unless the agreement is null and void as to its substantive validity under the law of that Member State.”
On the other hand, point IV.B.29 of the Decision states that “Les conventions doivent être interpretées au regard d l’intention commune des parties, conformément à l’article 1156 de l’ancien Code Civil”. But article 3 (1) of Rome I Regulation states that “[a] contract shall be governed by the law chosen by the parties.”
Has the court held that Article 3(1) of Rome I Regulation excludes the application of the CISG?
Did the Court apply its domestic conflict rules?
We do not know for sure because the Court does not expressly address this issue. Unfortunately, there is still a long way to go before national courts apply, first of all, the principle of the primacy of European law and the CISG.
03 February 2021
Pursuant to Article 39 of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG), a buyer is deprived of the right to rely on a lack of conformity if he does not report it within two years from the date on which the goods were actually delivered to him.
“COVID-19 implications for commercial contracts: International sale of goods on CIF and FOB terms”
Article 75 and Article 76 CISG cited in a decision of the Portuguese Supreme Court of Justice after the accession of Portugal to the Convention (see more)
Artigos 75 e 76 da Convenção de Viena sobre a Venda Internacional de Mercadorias citada em Acórdão do Supremo Tribunal de Justiça após adesão de Portugal (ver mais)
CISG Advisory Council Opinion No. 21
Delivery of Substitute Goods and Repair under the CISG
To be cited as: CISG-AC Opinion No. 21, Delivery of Substitute Goods and Repair under the CISG, Rapporteurs: Professor (em.) Dr. Ingeborg Schwenzer, LL.M., University of Basel, Switzerland, and Dr. Ilka H. Beimel, Germany. Adopted unanimously by the CISG Advisory Council following its 27th meeting in Puerto Vallarta, Mexico, on 3 and 4 February 2020.
Part II – The participation of Portugal in the First Committee [see more]
Part I – Comments and Proposals by the Government of Portugal on the Draft Convention on Contracts for the International Sale of Goods [see more]