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CISG CASE PRESENTATION

Spain 22 January 2003 Appellate Court Navarra (Gimex, S.A v. Basque Imagen Grafica y Textil, S.L.)
[Cite as: http://cisgw3.law.pace.edu/cases/030122s4.html]

Primary source(s) of information for case presentation: CISG-Spain and Latin America website

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Case identification

DATE OF DECISION: 20030122 (22 January 2003)

JURISDICTION: Spain

TRIBUNAL: Audiencia Provincial de Navarra [Appellate Court], sección 2ª

JUDGE(S): Angeles Egusquiza Balmaseda

CASE NUMBER/DOCKET NUMBER: 73/2002

CASE NAME: Gimex, S.A v. Basque Imagen Grafica y Textil, S.L.

CASE HISTORY: 1st instance Juzgado de Primera Instancia No. 7 de Pamplona 6 November 2001

SELLER'S COUNTRY: Spain (plaintiff)

BUYER'S COUNTRY: Spain (defendant)

GOODS INVOLVED: Goods


Case abstract

SPAIN: Audiencia Provincial de la Navarra 22 January 2003

Case law on UNCITRAL texts (CLOUT) abstract no. 485

Reproduced with permission of UNCITRAL

Abstract prepared by Maria del Pilar Perales Viscasillas, National Correspondent

The case arose out of a contract of carriage between two Spanish firms, Basque and Gimex, who disputed the ownership of a container of goods. Gimex, the freight forwarder, maintained that it was the owner of the goods, citing, among other grounds, article 88 CISG.

The Court, however, determined that Basque had purchased the goods from a Chinese company, and that article 88 CISG did not alter its status as the buyer of the goods "since it should not be forgotten that this possibility of a change of buyer is subject in any event to the requirement that 'reasonable notice of the intention to sell has been given to the other party' and this did not take place in the present case".

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Classification of issues present

APPLICATION OF CISG: No, dicta reference to CISG

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 88

Classification of issues using UNCITRAL classification code numbers:

88A3 [Party obliged to preserve goods may sell them: reasonable notice of intention]

Descriptors: Resale of goods

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Editorial remarks

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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=882&step=Abstract>

Spanish: CISG-Spain and Latin America website <http://www.uc3m.es/cisg/respan23.htm>

CITATIONS TO TEXT OF DECISION

Original language (Spanish): CISG-Spain and Latin America website <http://www.uc3m.es/cisg/sespan23.htm>; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=882&step=FullText>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated November 21, 2003
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