Spain 24 February 2006 Supreme Court (Auto accessories case)
[Cite as: http://cisgw3.law.pace.edu/cases/060224s4.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 165/2006
CASE NAME:
CASE HISTORY: 1st instance Juzgado de Primera Instancia No. 3 de Llobregat 17 July 1997; 2d instance Audiencia Provincial Barcelona 20 April 1999
SELLER'S COUNTRY: Switzerland (defendant)
BUYER'S COUNTRY: Spain (plaintiff)
GOODS INVOLVED: Automobile accessories
SPAIN: Tribunal Supremo, 24 February 2006
Case law on UNCITRAL texts (CLOUT) abstract no. 733
Reproduced with permission of UNCITRAL
A Swiss seller and a Spanish buyer entered into a contract for the purchase of car accessories. The seller was repeatedly late in the delivery, sent products that did not conform in quantity or size to those agreed in the contract or the products did not function properly. Thus, the buyer took legal action, seeking avoidance of the contract and damages.
The case went through three levels of jurisdiction and only in the last level the seller claimed that the contract should be governed by the CISG. The court noted that this was a new legal argument, which the seller had not stated before. The court further observed that, in previous instances, the seller had presented arguments only based on Spanish law. Consequently, the court held that the seller had tacitly consented to Spanish law as the applicable law and deemed the CISG not applicable [article 1 CISG].
Go to Case Table of ContentsAPPLICATION OF CISG: No
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
6A1 [Choice of law: implied exclusion of Convention]
Descriptors:
CITATIONS TO OTHER ABSTRACTS OF DECISION
Spanish: CISG-Spain and Latin America website <http://www.uc3m.es/cisg/respan49.htm>
CITATIONS TO TEXT OF DECISION
Original language (Spanish): Fuente: Aranzadi Westlaw
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 November 8, 2007