Spain 21 March 2003 Appellate Court Barcelona (Moulding machine case)
[Cite as: http://cisgw3.law.pace.edu/cases/030321s4.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: Appeal No. 619/2001
CASE NAME:
CASE HISTORY: 1st instance Juzgado de Primera Instancia No. 3 de Gavá 20 April 2001
SELLER'S COUNTRY: Spain (plaintiff)
BUYER'S COUNTRY: Austria (defendant)
GOODS INVOLVED: Moulding machine
SPAIN: Audiencia Provincial de Barcelona, 21 March 2003
Case law on UNCITRAL texts (CLOUT) abstract no. 729
Reproduced with permission of UNCITRAL
An Austrian buyer and a Spanish seller entered into a contract about a moulding machine, including sale and installation at the place of destination. The contract stipulated that the last payment rate should be due 30 days after the machine's installation. After the time elapsed, the buyer withheld the last payment rate, claiming that the machine was defective. In addition, the buyer claimed compensation for expenses and damages to its professional image due to the malfunctioning of the machine. The seller sued the buyer for the outstanding contract price and won. The buyer appealed the decision.
First, the court determined that there was a mixed contract, including elements of a sales contract and of a contract for services. The court decided that the installation was part of the sale price and that the sale of the machine was the essential part of the contract. The court noted that article 36 CISG holds the seller liable for any lack of conformity of the goods which occurs after the time the risk passes to the buyer and which is due to a breach of any of the seller's obligations. The court observed that the buyer had forwarded its claims only to prevent the payment of the rest of the purchase price pursuant to article 36 (2) and article 45 CISG, because it had failed to prove that the machine was not properly functioning. Additionally, the court held that the machine conformed to the contract expectations. As evidence the court took, beside others, the expert testimony that the buyer had earlier requested the seller to demonstrate the machine to some of its collaborators. Consequently, the court rejected the buyer's appeal.
Go to Case Table of ContentsAPPLICATION OF CISG: Yes
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
36B [Lack of conformity occuring after passage of risk: caused by seller's breach of any of his obligations]
Descriptors:
CITATIONS TO OTHER ABSTRACTS OF DECISION
Spanish: CISG-Spain and Latin America website <http://www.uc3m.es/cisg/respan52.htm>
CITATIONS TO TEXT OF DECISION
Original language (Spanish): CISG-Spain and Latin America website <http://www.uc3m.es/cisg/sespan52.htm>
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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