Spain 8 May 2003 Appellate Court Madrid (Packaged meat case)
[Cite as: http://cisgw3.law.pace.edu/cases/030508s4.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 290/2002
CASE NAME:
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
SPAIN: Audiencia Provincial de Madrid 8 May 2003
Case law on UNCITRAL texts (CLOUT) abstract no. 548
Reproduced with permission of UNCITRAL
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.
Go to Case Table of ContentsAPPLICATION OF CISG: [-]
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
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:
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
Go to Case Table of Contents
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Institute of International Commercial Law - Last updated January 5, 2006