Question
Feierabend Fabrik GmbH, a German event organizer based in Hamburg, received an order for 1000 custom-made partyhats, flags and dinnerware from one of their customers,
Feierabend Fabrik GmbH, a German event organizer based in Hamburg, received an order for 1000 custom-made partyhats, flags and dinnerware from one of their customers, Fabriques de France S.A. with the company logo on a Franco/German flag to be worn at the dinner to celebrate a proposed merger.
The "Wir machen das, on le fait" dinner was scheduled on the first day of autumn, 21 September. The goods were to be delivered at the customer's main offices in Le Havre ten days before the event at the latest. However, Feierabend's Fabrik GmbH delivered them a day after the dinner had taken place.The customer's general manager was furious.He has since taken legal advice. His lawyer has told him to initiate court proceedings to avoid the contract because of fundamental breach.
a:Wherecan Fabriques de France sue Feierabend Fabrik GmbH according toBrussels I Recast Council Regulation (EC) 1215/2012?
Do not forget to explain why!
b.Which lawwill apply to the contract, assuming Fabriques de France S.A. and Feierabend Fabrik GmbH have not discussed this when negotiating the contract?
c. Advise Fabriques de France's manager as to his options forpossible remedies under the CISG, assuming the applicability of CISG has not been opted out of by the parties in the sales contract.
Good day, maybe you can answer to this question?
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