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Date:   4 April 2008
Court:   Pärnu County Court, Rapla Court House
Local case reference:   2-07-28836/7
CISG Nordic ID:   080404EE
Country of decision:   Estonia
Buyer's country:   France
Seller's country:   Estonia
Goods involved:   milk products
Case history:   Judgment by the court of first instance, entered into force on 31th of July 2008. The judgment was given by default (in absentia).
Original language:   Estonian
Provisions cited:   CISG articles 53, 61, 62, 74, 78
Original court document:   Available
Rapporteur:   Aleksandra Vasiljeva, Gea Lepik and the University of Tartu
Case citations:   n/a



by Gea Lepik and the University of Tartu

An Estonian company OÜ Estmilk Production (the Seller) filed an action against a French company RUMI s.a.r.l (the Buyer) based on sales contracts for the sale of milk products concluded pursuant to the Buyer’s orders no. 1 A 7393 of 8 January 2004 and no. 3 A 1977 of 22 February 2006. Both orders had been fulfilled by the Seller. However, the Buyer had failed to pay the full purchase price. For the first order the Buyer had made a partial payment, leaving 50 000 EUR unpaid. For the second order, the entire purchase price of 75 446.25 EUR was unpaid. In total, the Buyer’s debt amounted to 125 446.25 EUR. In the action filed to the court the Seller requested from the Buyer the remaining purchase price and also interest for late payment in the amount of 28 899.60 EUR.

The Buyer did not present a statement of defense and also did not appear before the court. Thus, the Pärnu County Court (the Court) made a judgment by default (in absentia). The Court found that the Seller’s claims were legally sound and sufficiently supported by the documents presented by the Seller. Therefore, the Court satisfied the claims in full and ordered the Buyer to pay the purchase price and interest in the amounts requested by the Seller. The Court cited and referred to Art-s 53, 61 (1) (a), 62, 74 and 78 of the CISG. Concerning the late payment interest the Court did not refer to any national laws but applied Art 3 (1) (a), (b) (i)-(ii) and (d) of the Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions.


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