The Supreme Court of Germany cited a paper by Professor Franco Ferrari in a decision concerning the value to be attributed to a given INCOTERM. Professor Ferrari, who is the director of the Law School’s Center for Transnational Litigation and Commercial Law, is an expert on international sales law. In its November 7, 2012, the German court relied on a paper by Ferrari asserting that INCOTERMS are not necessarily to be interpreted on the basis of the understanding attributed to them by the ICC, but may be subject to domestic interpretation where no express reference is made to ICC INCOTERMS.
For the full text of the decision, please click here:
http://www.globalsaleslaw.org/content/api/cisg/urteile/2374.pdf