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- Title
Hungary: Claim for goodwill damages against the supplier arising from refusal of delivery.
- Authors
Bacher, Gusztáv
- Abstract
The article is about a case before the Higher Regional Court of Cologne, in which a commercial agent asserts claims for damages against the supplier. The court decides that all advertising commission components of the last contract year must be included in the compensation calculation. In addition, it is determined that one-time commissions for the mediation of continuing obligations are subject to compensation. In this case, the Higher Regional Court of Cologne contradicts the first-instance courts of the Regional Court of Bonn, which had dismissed the compensation claim. In the present case, it concerned the application of the CISG (United Nations Convention on Contracts for the International Sale of Goods) to a contract between a German supplier and a Hungarian buyer. The court determined that the CISG was applicable because the contracting parties had their place of business in different states and German law was applicable according to the Rome I Regulation. The court decided that the buyer had to pay the purchase price for the delivered goods, while the seller had not delivered the goods. The buyer was entitled to damages in accordance with the provisions of the CISG. However, the court dismissed the buyer's claim for lost profits for the period from June to December 2010. The appellate court confirmed the judgment of the first instance, and the Supreme Court confirmed the final judgment. It was determined that the supplier was not obliged to fulfill the buyer's individual orders, as there was no framework agreement between the parties. The buyer's claim for damages for lost profits and damage to reputation was rejected, as the buyer could not prove that his reputation had been damaged. The article discusses the difference between claims for damages and claims for compensation for violation of personal rights. In a claim for compensation for pain and suffering, the injured party does not have to prove the loss, but only state which personal rights were violated and what circumstances led to it. The amount of compensation for pain and suffering does not have to be proven, but all relevant circumstances must be disclosed and proven. A claim for compensation for pain and suffering can be rejected if the injured party has not suffered non-material damage. The Hungarian Civil Code clearly distinguishes between claims for damages and claims for violation of personal rights. The amount of compensation for pain and suffering is determined by the court taking into account various circumstances.
- Subjects
COLOGNE (Germany); BONN (Germany); UNITED Nations Convention on Contracts for the International Sale of Goods (1980); CIVIL rights; LEGAL judgments; DAMAGE claims; STATE laws
- Publication
Internationales Handelsrecht, 2024, Vol 24, Issue 2, p62
- ISSN
1617-5395
- Publication type
Article
- DOI
10.9785/ihr-2024-240203