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CISG CASE PRESENTATION

Spain 27 November 2003 Appellate Court Barcelona (Ski equipment rental case)
[Cite as: http://cisgw3.law.pace.edu/cases/031127s4.html]

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

Case Table of Contents


Case identification

DATE OF DECISION: 20031127 (27 November 2003)

JURISDICTION: Spain

TRIBUNAL: Audiencia Provincial de Barcelona, sección 16ª

JUDGE(S): D. Agustín Ferrer Barriendos, Dª Inmaculada Zapata Camacho, D. Enric Alavedra Farrando

CASE NUMBER/DOCKET NUMBER: Rollo No. 1075/2002

CASE NAME: Unavailable

CASE HISTORY: 1st instance Juzgado de Primera Instancia No. 5 de Arenys de Mar 7 September 2002

SELLER'S COUNTRY: Spain

BUYER'S COUNTRY: Spain

GOODS INVOLVED: Contract for rental of ski equipment


Case abstract

SPAIN: Audiencia Provincial de Barcelona, 27 November 2003

Case law on UNCITRAL texts (CLOUT) abstract no. 556

Reproduced with permission of UNCITRAL

Abstract prepared by María del Pilar Perales Viscasillas, National Correspondent

The dispute involved not a contract for the international sale of goods but a contract between an individual and a travel agency for the hire of skiing equipment for a school group. The facts showed that there had been a change in the destination to which the skiing equipment was to be shipped, as a result of which the hire price had not been fixed. The parties disagreed over the price payable under the contract, in particular since the plaintiff had demanded for the service a price that was later described by the court as arbitrary. The Provincial Court referred to the provisions of the CISG, specifically article 55, and to article 277 of the Commercial Code, which deals with trade commission contracts, pointing out that "in view of the freedom of form and speed of conclusion of commercial contracts, it is not unusual for the price not to be determined". In that connection, it was pointed out that, although the cited provisions were not directly applicable to the case at issue, the principles underlying them were, and, since the contract price had not been fixed, the defendant (the travel agency) could legitimately assume, when the service was arranged and the consignment was dispatched, that the price of the ski hire would not only be normal for school groups but would also be the normal price applied by the plaintiff in such situations.

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Classification of issues present

APPLICATION OF CISG: No. Case contains only a dicta reference to the CISG

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 55

Classification of issues using UNCITRAL classification code numbers:

55A [Enforceability of agreements that do not make provision for the price]

Descriptors: Open-price contracts

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Editorial remarks

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

(a) UNCITRAL abstract: Unavailable

(b) Other abstracts

Spanish: CISG-Spain and Latin America website <http://www.uc3m.es/cisg/respan26.htm>

CITATIONS TO TEXT OF DECISION

Original language (Spanish): CISG-Spain and Latin America website <http://www.uc3m.es/cisg/sespan26.htm>; see also Fuente: Aranzadi Westlaw JUR 2004\5530

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated December 21, 2005
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