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CISG CASE PRESENTATION

Spain 8 May 2003 Appellate Court Madrid (Packaged meat case)
[Cite as: http://cisgw3.law.pace.edu/cases/030508s4.html]

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

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Case identification

DATE OF DECISION: 20030508 (8 May 2003)

JURISDICTION: Spain

TRIBUNAL: Audiencia Provincial de Madrid, Sección 13

JUDGE(S): Sr. Carlos Cezón González

CASE NUMBER/DOCKET NUMBER: 290/2002

CASE NAME: Manuel Fernandez Fernandez, S.A. v. Kühne + Heitz N.V.

CASE HISTORY: 1st instance Juzgado de Primera Instancia No. 2 de Alcobendas 14 February 2002

SELLER'S COUNTRY: Spain

BUYER'S COUNTRY: Netherlands

GOODS INVOLVED: Packaged pieces of meat


Case abstract

SPAIN: Audiencia Provincial de Madrid 8 May 2003

Case law on UNCITRAL texts (CLOUT) abstract no. 548

Reproduced with permission of UNCITRAL

Abstract prepared by María del Pilar Perales Viscasillas, National Correspondent

The buyer claimed that the seller was in breach of paragraph (2)(b) of article 35 CISG. The court, without referring to any provisions of the Convention, concluded from the evidence adduced that the seller had failed to meet its obligation to package pieces of meat separately, which had led to the loss of the buyer's European subsidy and the payment of fines.

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Classification of issues present

APPLICATION OF CISG: [-]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 35(2)(b)

Classification of issues using UNCITRAL classification code numbers:

35B2 [Conformity of goods (requirements implied by law): fitness for particular purpose made known to seller]

Descriptors: Conformity 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

Spanish: CISG-Spain and Latin America website <http://www.uc3m.es/cisg/respan38.htm>

CITATIONS TO TEXT OF DECISION

Original language (Spanish): CISG-Spain and Latin America website <http://www.uc3m.es/cisg/sespan38.htm>; JUR 2004\160743

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated January 5, 2006
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