Spain 5 February 2004 Appellate Court Cantabria (Steel cable case)
[Cite as: http://cisgw3.law.pace.edu/cases/040205s4.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: Rollo No. 45/2003
CASE NAME:
CASE HISTORY: 1st instance Juzgado de Primera Instancia de Santander 28 March 2003
SELLER'S COUNTRY: [-]
BUYER'S COUNTRY: Spain
GOODS INVOLVED: 2,000 tons of steel cable (wire rod)
SPAIN: Audiencia Provincial de Cantabria 5 February 2004
Case law on UNCITRAL texts (CLOUT) abstract no. 554
Reproduced with permission of UNCITRAL
The parties had drawn up a contract of sale, subject to the CISG, for 2,000 tons of steel cable (wire rod). The date of delivery initially agreed -- 10 March 2000 -- had been brought forward to 21 February 2000. On 23 February, the buyer sent a communication to the seller, requesting delivery and referring to the delay in meeting its obligations to third parties. The goods arrived on 25 February, whereupon the buyer again contacted the seller to warn it of the consequences of any further delays in delivery, namely the need to turn to another supplier and a corresponding reduction in the seller's invoice. Upon receipt of that warning, the seller notified the buyer of its intention to request its branch in Spain to halt the dispatch of the material, which at that time was at the border, owing to a quality problem and the risk of non-payment. Thus, the seller had proceeded unilaterally to suspend delivery of the material on 29 February, although delivery was subsequently resumed on 22 March. On 23 March, the buyer turned back three of the lorries with the goods still loaded, claiming quality defects, although it took delivery of the remainder of the consignment.
The court held that the seller's unilateral conduct could not be deemed to be provided for under article 71 CISG and that the delay in delivery must have entailed some loss to the buyer which the seller had to bear.
However, the Provincial Court overturned the ruling of the lower court relating to the delivery of three defective rolls of wire rod, since the buyer was unable to prove the existence of those defects.
Go to Case Table of ContentsAPPLICATION OF CISG: Yes
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
71B [Grounds for seller's stoppage of goods in transit]
Descriptors:
CITATIONS TO OTHER ABSTRACTS OF DECISION
Spanish: CISG-Spain and Latin America website <http://www.uc3m.es/cisg/respan28.htm>
CITATIONS TO TEXT OF DECISION
Original language (Spanish): CISG-Spain and Latin America website <http://www.uc3m.es/cisg/sespan28.htm>; see also Fuente: Aranzadi Westlaw JUR 2004\81863
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