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CISG CASE PRESENTATION

Spain 3 July 2007 Appellate Court Barcelona (Parts and machinery case)
[Cite as: http://cisgw3.law.pace.edu/cases/070703s4.html]

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

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Case identification

DATE OF DECISION: 20070703 (3 July 2007)

JURISDICTION: Spain

TRIBUNAL: Audiencia Provincial de Barcelona, sección 16ª

JUDGE(S): Don Augustin Ferrer Barriendos

CASE NUMBER/DOCKET NUMBER: Recurso No. 764/2006; 357/2007

CASE NAME: Serviad5 S.A. v. Hig-Tel S.L.

CASE HISTORY: 1st instance Juzgado de Primera Instancia No. 2 de Barcelona

SELLER'S COUNTRY: Spain

BUYER'S COUNTRY: Spain

GOODS INVOLVED: Parts and machinery


Case abstract

SPAIN: Audencia Provincial de Barcelona 3 July 2007 (Parts and machinery case)

Case law on UNCITRAL texts (CLOUT) abstract no. 801

Reproduced with permission of UNCITRAL

Abstract prepared by Maria del Pilar Perales Viscasillas, National Correspondent

The Spanish buyer had purchased certain parts and machinery items, supplying the plans to the seller so that the latter could determine the technical requirements and the equipment needed for the installation. The conformity of the materials was not in dispute, but rather the technical specifications supplied by the seller. The appellate court considered this service provided to be complimentary to the sales contract and had recourse to the Vienna Convention in recognizing a particular purpose that had been communicated to the seller (CISG article 35). While the court recognized that the Vienna Convention was not directly applicable to the case, which concerned a domestic sales contract, it believed that the principles of the Convention reflected universally recognized principles of justice. Specifically, it referred to the wording of CISG article 35, according to which the seller is not liable if the circumstances show that the buyer did not rely, "or that it was unreasonable for him to rely, on the seller's skill and judgement". Applying this provision to the specific case, the court considered that the buyer was imputing to the seller an error that bore no direct relation to what it had requested of the seller. Moreover, as could be deduced from the proceedings, the seller had transmitted the technical specifications to the manufacturer, and it was the manufacturer that had prepared the assembly diagram.

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Classification of issues present

APPLICATION OF CISG: Not applicable but court referred to CISG as "a universally accepted sense of justice".

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 35

Classification of issues using UNCITRAL classification code numbers:

35B21 [Conformity of goods to contract: Reliance on seller's skill and judgment]

Descriptors: Conformity of goods

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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=1252&step=Abstract>

Spanish: CISG-Spain and Latin America website <http://www.uc3m.es/cisg/respan63.htm>

CITATIONS TO TEXT OF DECISION

Original language (Spanish): CISG-Spain and Latin America website <http://www.uc3m.es/cisg/sespan63.htm>; see also Fuente: Aranzadi Westlaw JUR 2007\285218; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=1252&step=FullText>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated October 10, 2008
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