OMV SUPPLY AND TRADING AG v KAZMUNAYGAZ TRADING AG (FORMERLY VECTOR ENERGY AG)

[2014] 1 Lloyd's Rep. 647

COURT OF APPEAL

Before Lord DYSON,Lord Justice RICHARDS,Lord Justice CLARKE

Sale of goods (cif) – Sale of biodiesel cif Constanza – Contract requiring diesel to be of Canadian origin – Diesel subsequently ascertained to be of US origin – Romanian customs levying additional import duties on buyer more than two years after goods discharged in Romania – Whether buyer entitled to recover additional duties from seller – Whether sum payable by seller limited to invoice value of diesel.