Spain 27 November 2003 Appellate Court Barcelona (Ski equipment rental case)
[Cite as: http://cisgw3.law.pace.edu/cases/031127s4.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: Rollo No. 1075/2002
CASE NAME:
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
SPAIN: Audiencia Provincial de Barcelona, 27 November 2003
Case law on UNCITRAL texts (CLOUT) abstract no. 556
Reproduced with permission of UNCITRAL
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.
Go to Case Table of ContentsAPPLICATION OF CISG: No. Case contains only a dicta reference to the CISG
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
55A [Enforceability of agreements that do not make provision for the price]
Descriptors:
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
Go to Case Table of Contents
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