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CISG CASE PRESENTATION

Spain 5 February 2004 Appellate Court Cantabria (Steel cable case)
[Cite as: http://cisgw3.law.pace.edu/cases/040205s4.html]

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

Case Table of Contents


Case identification

DATE OF DECISION: 20040205 (5 February 2004)

JURISDICTION: Spain

TRIBUNAL: Audiencia Provincial de Cantabria, sección 2ª

JUDGE(S): Don Miguel Carlos Fernández Diez, Don José Luis López del Moral Echeverria, Don Esteban Campelo Iglesias

CASE NUMBER/DOCKET NUMBER: Rollo No. 45/2003

CASE NAME: Unavailable

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)


Case abstract

SPAIN: Audiencia Provincial de Cantabria 5 February 2004

Case law on UNCITRAL texts (CLOUT) abstract no. 554

Reproduced with permission of UNCITRAL

Abstract prepared by María del Pilar Perales Viscasillas, National Correspondent

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.

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 71

Classification of issues using UNCITRAL classification code numbers:

71B [Grounds for seller's stoppage of goods in transit]

Descriptors: Suspension of performance

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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=1126&step=Abstract>

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; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=1126&step=FullText>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated July 22, 2009
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