Romay AG v. SARL Behr France

UNCITRAL CLOUT Case 480 (1992)

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Romay AG v. SARL Behr France

Colmar Court of Appeal
UNCITRAL CLOUT Case 480 (1992)

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Facts

The Swiss crankcase manufacturer Romay AG (plaintiff) and the French air-conditioner manufacturer SARL Behr France (Behr) (defendant) concluded an agreement whereby, for the agreement’s eight-year duration, Romay would deliver at least 20,000 air-conditioner crankcases and as many more crankcases as Behr needed to meet the demand of Behr’s client, a truck manufacturer. The Romay-Behr agreement did not explicitly obligate Behr to pay Romay for these crankcases. However, in all other respects, the agreement had the characteristics of a sales contract covered by the United Nations Convention on Contracts for the International Sale of Goods (CISG). Two years later, by which time Romay had delivered only 8,495 crankcases, Behr had a falling-out with the truck manufacturer and refused further deliveries from Romay. Romay invoked the CISG and sued for damages. The French trial court ruled that the open-ended Romay-Behr agreement lacked a maximum delivery total and therefore was not a sales contract covered by the CISG. Romay appealed to the appellate court based in Colmar, France.

Rule of Law

Issue

Holding and Reasoning ()

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