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CISG CASE PRESENTATION

Spain 2 February 2004 Appellate Court Barcelona (Soy oil case)
[Cite as: http://cisgw3.law.pace.edu/cases/040202s4.html]

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

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Case identification

DATE OF DECISION: 20040202 (2 February 2004)

JURISDICTION: Spain

TRIBUNAL: Audiencia Provincial de Barcelona, Sección 1

JUDGE(S): Don Francisco Javier Pereda Gámez

CASE NUMBER/DOCKET NUMBER: 943/2002

CASE NAME: Rico, S.A. v. Sovena, S.A.

CASE HISTORY: 1st instance Juzgado de Primera Instancia No. 47 de Barcelona 28 June 2002

SELLER'S COUNTRY: Spain (plaintiff)

BUYER'S COUNTRY: Cuba (defendant)

GOODS INVOLVED: Soy oil


Case abstract

SPAIN: Audiencia Provincial Court of Barcelona 2 February 2004

Case law on UNCITRAL texts (CLOUT) abstract no. 544

Reproduced with permission of UNCITRAL

Abstract prepared by María del Pilar Perales Viscasillas, National Correspondent

Among other matters, review was sought, through appeal, of damages awarded for loss of profit, on the ground that the resales of the goods in question to an Angolan company were not substitute transactions since they did not meet the requirements of the CISG. The court held that three of the four substitute transactions were in conformity with the CISG, but not the first, which had taken place when the contract was still in force and further shipments were expected. At the time when that sale took place, the contract had not been avoided; consequently, it was not possible to claim the difference in price from a resale. The court also pointed out that that sale could not be intended to mitigate the loss, as stipulated in article 77 CISG, given that that article establishes an exception precisely in favour of the party required to pay damages. In conclusion, it considered that the method for calculating the damages was in conformity with article 75 CISG.

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 75 ; 77

Classification of issues using UNCITRAL classification code numbers:

75A1 [Damages established by substitute transaction after avoidance: resale by aggrieved seller];

77A [Obligation to take reasonable measures to mitigate damages]

Descriptors: Damages ; Cover transactions ; Mitigation of loss

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Editorial remarks

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

English: Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=997&step=Abstract>

Spanish: CISG-Spain and Latin America website <http://www.uc3m.es/cisg/respan33.htm>

CITATIONS TO TEXT OF DECISION

Original language (Spanish): CISG-Spain and Latin America website <http://www.uc3m.es/cisg/sespan33.htm>; JUR 2004\91344; Aranzadi Westlaw; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=997&step=FullText>

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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