Go to Database Directory || Go to CISG Table of Contents || Go to Case Search Form || Go to Bibliography

CISG CASE PRESENTATION

Spain 28 January 2004 Appellate Court Barcelona (Sealing glue case)
[Cite as: http://cisgw3.law.pace.edu/cases/040128s4.html]

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

Case Table of Contents


Case identification

DATE OF DECISION: 20040128 (28 January 2004)

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. 574/2003-A

CASE NAME: Unavailable

CASE HISTORY: 1st instance Juzgado de Primera Instancia No. 1 de Badalona 19 February 2003

SELLER'S COUNTRY: Spain

BUYER'S COUNTRY: [-]

GOODS INVOLVED: Glue purchased for the sealing of boxes


Case abstract

SPAIN: Audiencia Provincial de Barcelona 28 January 2004

Case law on UNCITRAL texts (CLOUT) abstract no. 555

Reproduced with permission of UNCITRAL

Abstract prepared by María del Pilar Perales Viscasillas, National Correspondent

The parties were in dispute over the suitability of glue purchased for the sealing of boxes containing foodstuffs; the boxes were intended for a third party in Italy. The ruling cited article 35 CISG, which refers to notification of a particular purpose of the goods, over which the parties disagreed. The court, however, pointed out that the particular purpose "was made known not to the actual seller but to a travelling salesperson of the company; and the buyer, which obviously had a quality control department, should have been guided by its own criteria and not by any opinion expressed in that connection by the seller's commercial traveller".

Go to Case Table of Contents

Classification of issues present

APPLICATION OF CISG: [-]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 35

Classification of issues using UNCITRAL classification code numbers:

35B2 [Fitness for particular purpose made known to seller]

Descriptors: Conformity of goods

Go to Case Table of Contents

Editorial remarks

Go to Case Table of Contents

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/respan27.htm>

CITATIONS TO TEXT OF DECISION

Original language (Spanish): CISG-Spain and Latin America website <http://www.uc3m.es/cisg/sespan27.htm>; see also Fuente: Aranzadi Westlaw JUR 2004\53282

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

Go to Case Table of Contents
Pace Law School Institute of International Commercial Law - Last updated December 21, 2005
Comments/Contributions
Go to Database Directory || Go to CISG Table of Contents || Go to Case Search Form || Go to Bibliography