CISG CASE PRESENTATION

Spain 11 March 2002 Appellate Court Barcelona (Chip protection labels case)
[Cite as: http://cisgw3.law.pace.edu/cases/020311s4.html]

Case Table of Contents

• Case identification
• UNCITRAL abstract
• Classification of issues present
• Editorial remarks
• Citations to case abstracts, texts, and commentaries

• Guide to links contained in case presentations

Case identification

DATE OF DECISION: 20020311 (11 March 2002)

JURISDICTION: Spain

TRIBUNAL: Audiencia Provincial de Barcelona [Appellate Court], sección 17ª

JUDGE(S): Victoriano Domingo Loren

CASE NUMBER/DOCKET NUMBER: 60/2002

CASE NAME: G & D Iberica S.A. v. Cardel

CASE HISTORY: 1st instance Juzgado Primera Instancia 3 Sant Boi de Llobregat 16 October 2001

SELLER'S COUNTRY: England (defendant)

BUYER'S COUNTRY: Spain (plaintiff)

GOODS INVOLVED: Chip protection labels

SPAIN: Audiencia Provincial de Barcelona 11 March 2002

Case law on UNCITRAL texts (CLOUT) abstract no. 489

Reproduced with permission of UNCITRAL

A Spanish buyer entered into a contract with an English seller for the purchase of protective labels for certain computer chips. The buyer considered the goods to be defective and sought to return them to the seller, who refused to take the goods back. The buyer then sought to place the goods in judicial deposit until the dispute was resolved. The Court of First Instance refused the request. The Court of Appeal instructed the lower court to reconsider the applicability of judicial deposit under the circumstances, given the obligation of the buyer who is seeking to reject merchandise to take reasonable measures to protect the goods, including depositing them with a third party pending return pursuant to articles 86 and 87 CISG, as well as applicable provisions of the Spanish Law of Civil Procedure.

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 86 ; 87

Classification of issues using UNCITRAL classification code numbers:

86A [Duty of buyer who has received goods and intends to reject: obligation to take reasonable steps to preserve goods];

87A [Preservation of goods by deposit in wharehouse]

Descriptors: Preservation of goods ; Storage of goods

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Editorial remarks

• Unavailable

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

English: Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=880&step=Abstract>

Spanish: CISG-Spain and Latin America website <http://www.uc3m.es/cisg/respan20.htm>

CITATIONS TO TEXT OF DECISION

Original language (Spanish): CISG-Spain and Latin America website <http://www.uc3m.es/cisg/sespan20.htm>; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=880&step=FullText>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable