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CISG CASE PRESENTATION

Spain 8 June 2006 Supreme Court (Frozen pork case)
[Cite as: http://cisgw3.law.pace.edu/cases/060608s4.html]

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

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Case identification

DATE OF DECISION: 20060608 (8 June 2006)

JURISDICTION: Spain

TRIBUNAL: Tribunal Supremo, sección 1ª

JUDGE(S): Don Alfonso Gómez Villarodil

CASE NUMBER/DOCKET NUMBER: Unavailable

CASE NAME: Unavailable

CASE HISTORY: 1st instance Juzgado de Primera Instancia de Lérida 15 January 1999; 2d instance Audiencia Provincial de Lérida 16 June 1999

SELLER'S COUNTRY: Spain

BUYER'S COUNTRY: Spain

GOODS INVOLVED: Frozen pork


UNCITRAL case abstract

SPAIN: Supreme Cour 8 June 2006

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/115],
CLOUT abstract no. 1130

Reproduced with permission of UNCITRAL

Abstract prepared by María del Pilar Perales Viscasillas, National Correspondent

A contract had been concluded between a Spanish seller and a Spanish buyer for the sale of 19,806.20 kilograms of frozen pork shoulder. The parties were in dispute over the lack of conformity of the goods, namely the poor sanitary conditions in which they were delivered. The buyer claimed that the contract was an international contract, subject to CISG and the provisions of article 39 thereof. The Court considered, however, that the contract had been concluded between two Spanish parties through application of article 1 of CISG, as the buyer was registered in writing through a notary in Barcelona and was domiciled there. As a result, national law was applicable, namely the Commercial Code, regardless of the fact that the final recipient of the goods was a business registered in Germany, on account of the nature of the relationship between that company and the buyer, which was distinct from the contractual relations between the litigants.

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Classification of issues present

APPLICATION OF CISG: [-]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 39

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Unavailable

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Editorial remarks

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

Spanish: CISG-Spain and Latin America website <http://turan.uc3m.es/uc3m/dpto/PR/dppr03/cisg/respan71.htm>

CITATIONS TO TEXT OF DECISION

Original language (Spanish): CISG-Spain and Latin America website <http://turan.uc3m.es/uc3m/dpto/PR/dppr03/cisg/sespan71.htm>; Aranzadi/Westlaw (2006/3355)

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated March 21, 2012
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