Spain 28 January 2004 Appellate Court Barcelona (Sealing glue case)
[Cite as: http://cisgw3.law.pace.edu/cases/040128s4.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: Rollo No. 574/2003-A
CASE NAME:
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
SPAIN: Audiencia Provincial de Barcelona 28 January 2004
Case law on UNCITRAL texts (CLOUT) abstract no. 555
Reproduced with permission of UNCITRAL
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 ContentsAPPLICATION OF CISG: [-]
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
35B2 [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/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
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Institute of International Commercial Law - Last updated December 21, 2005