OMV Supply and Trading AG v Kazmunaygaz Trading AG (formerly Vector Energy AG) – Court of Appeal (Lord Dyson MR, Richards and Christopher Clarke LJJ) [2014] EWCA Civ 75 – 6 February 2014

Sale of goods – Contract for sale of biodiesel cif Constanza – Diesel to be of Canadian origin – Diesel subsequently ascertained to be of US origin – Romanian Customs levying additional import duties on buyer – Whether buyer entitled to recover additional duties from seller – Whether sum payable by seller limited to invoice value

On 5 October 2009 Vector Energy AG (Vector) agreed to sell 1,000 mt of biodiesel to Petrom SA (Petrom) cif Constanza. It was a term of the contract that the diesel should be of Canadian origin.