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Logicom Case [France, Court of Cassation (First Civil Chamber)]

International Law Reports Cited authorities 2 Cited in Precedent Map Related
JurisdictionFrance
Judgment Date02 avril 2008
CourtCourt of Cassation (France)
Date02 avril 2008
Docket Number(Case No 04–17.726)

France, Court of Cassation (First Civil Chamber)

(Bargue, President; Pluyette, Rapporteur; Domingo, Advocate-General)

(Case No 0417.726)

Socit Logicom
and
Socit CTT Marketing Limited and Socit Ducros Transports

Treaties Application Territory subject to sovereignty of State but possessing own legal system Hong Kong Application of treaties to Hong Kong by the People's Republic of China Vienna Convention on Contracts for the International Sale of Goods, 1980 The law of France

Summary:1The facts:Logicom, a French company, contracted with CCT Marketing Limited, a Hong Kong company, for certain telephonic products. Upon delivery of these products, the parties agreed that the products did not work and subsequently agreed on terms for their repair. However, Logicom alleged that these terms were not met by CCT. The lower court found that the Vienna Convention on Contracts for the International Sale of Goods, 1980 (CISG) was not applicable, because the People's Republic of China (PRC) had not applied it to Hong Kong, a territory which, since 1997, had been a Special Administrative Region of the PRC, as provided for in Article 93 of the CISG.2 As a result, the lower court applied Hong Kong law to the case and limited Logicom's compensation to 7,995 US dollars.

Logicom appealed, arguing that the CISG was applicable.

Held:The appeal was dismissed. When Hong Kong had reverted to the PRC in 1997, the PRC had deposited with the Secretary-General of the United Nations a list of those treaties to which the PRC was party which would be applicable to Hong Kong. The CISG was not included on that list and must, therefore, be held to be inapplicable to the Hong Kong Special Administrative Region.

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