Cisg case presentation

Judgment

1. 
   The [buyer]'s appeal is sustained only to the amount of Fr. 373.75.
   

2. 
   To the residual amount of Fr. 190,306.25 plus 5% interest since 31 December 1993, the [buyer]'s appeal is rejected; therefore, the Provisional Order made by the Court of First Instance on 7 October 1994 now becomes final and binding to this amount.
   

3. 
   The [buyer] must bear the entire costs of the proceedings in both instances.
   

4. 
   The costs of the proceedings before the Court of First Instance amount to Fr. 4,000; the costs arising out of the proceedings before this Appellate Court amount to Fr. 3,800; both will be deducted from the advance payments.
   

5. 
   Further, the [buyer] must bear the [seller]'s legal fees which amount to Fr. 8,605.20 in the proceedings before the Court of First Instance, and Fr. 5,181.25 (incl. expenses and VAT) in these Appellate Proceedings.
   

FOOTNOTES

* Martin Eimer, Associate of the Institute of International Commercial Law of the Pace University School of Law, received his LL.M. from Edinburgh University. He is currently a Research Assistant to Prof. Martin Hunter, Essex-Court Chambers, London.

** Ruth M. Janal, LL.M. (UNSW) is a Phd candidate at Albert-Ludwigs-Universität Freiburg.

*** All translations should be verified by cross-checking against the original text. Translator's note on abbreviations: BGE = Entscheidungen des Bundesgerichts [Official Reporter of the Federal Court, the highest Swiss court in civil matters]; ZPO = Zivilprozessordnung [Swiss Code on Civil Procedure].

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