International boat sales

International boat sales

"I bought a boat in Brittany that was delivered to me in Switzerland in April. According to the expert opinion of a Geneva shipyard, it has a manufacturing defect. I've tried several times to contact the seller, but he's not answering his phone or his email. What can I do, knowing that the sales contract specifies that any dispute falls within the jurisdiction of the Lorient court?"

André, Collex

When a dispute arises between persons domiciled in different States, it is necessary to determine which court has jurisdiction to give judgment and which law is applicable.

Firstly, with regard to the jurisdiction of the courts, the Lugano Convention governs conflicts of jurisdiction in civil and commercial matters between most European States; France and Switzerland are contracting parties. The basic principle is that all persons must be sued in the courts of the contracting State in which they are domiciled. However, the parties to a legal relationship may decide to confer jurisdiction over an existing or future dispute on the courts of another contracting State. Such an agreement must be in writing or in a customary form. Thus, by stipulating in the contract for the sale of your boat that any dispute is subject to the jurisdiction of the Lorient Court, you have apparently accepted a clause assigning jurisdiction to the French courts, which therefore have jurisdiction to hear the dispute between you and the seller of the boat.

It then remains to determine which law is applicable to the dispute. To do this, in accordance with the general principles of private international law, reference must be made to the French rules on conflicts of law, which provide that it is for the court to choose the applicable law on the basis of the circumstances and the connecting factors of the case, as well as the content of the foreign law.

Whether the French court decides to apply French law or Swiss law, you should be aware that both Swiss and French law stipulate that the seller is liable for defects in the item sold, particularly if the defect renders the item unfit for the use for which it was intended. The buyer may then demand that the seller repair or replace the item, reimburse or reduce the price, or pay damages.

So, although it is an obvious disadvantage not to be able to go to court in Geneva, you can bring an action before the Court of Lorient for a guarantee of defects and ask the seller to reimburse you all or part of the price, or to repair or replace your boat.