Spain 11 November 2003 Appellate Court Madrid (Cysapapel SL v. Diaures S.p.A.)
[Cite as: http://cisgw3.law.pace.edu/cases/031111s4.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 947/2000
CASE NAME:
CASE HISTORY: 1st instance Juzgado de Primera Instancia No. 4 de Arganda del Rey 14 April 2000
SELLER'S COUNTRY: Spain
BUYER'S COUNTRY: [-]
GOODS INVOLVED: [-]
SPAIN: Audiencia Provincial de Madrid 11 November 2003
Case law on UNCITRAL texts (CLOUT) abstract no. 545
Reproduced with permission of UNCITRAL
Although the dispute concerned the avoidance of a contract, the Vienna Convention was cited in relation to other matters. The lower court accepted the defendant's contention regarding the legal nature of the relationship between the parties that was considered to form a contract for the supply of goods on the basis of article 3(1) CISG. The court of appeal did not take up that matter but debated matters relating to the avoidance of the contract and lack of conformity under the provisions of the Commercial Code.
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:
Descriptors:
CITATIONS TO OTHER ABSTRACTS OF DECISION
Spanish: CISG-Spain and Latin America website <http://www.uc3m.es/cisg/respan35.htm>
CITATIONS TO TEXT OF DECISION
Original language (Spanish): CISG-Spain and Latin America website <http://www.uc3m.es/cisg/sespan35.htm>; JUR 2004\88749
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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Institute of International Commercial Law - Last updated December 21, 2005