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CISG CASE PRESENTATION

Spain 23 October 2007 District Court of La Laguna (Cattle case)
[Cite as: http://cisgw3.law.pace.edu/cases/071023s4.html]

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

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Case identification

DATE OF DECISION: 20071023 (23 October 2007)

JURISDICTION: Spain

TRIBUNAL: Juzgado de Primera Instancia e Instrucción, no. 5 de La Laguna

JUDGE(S): Maria Mercedes Santana Rodriguez

CASE NUMBER/DOCKET NUMBER: Proceso Ordinario No. 1554/2006; Rosolución: 000287/2007

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Germany (plaintiff)

BUYER'S COUNTRY: Spain (defendant)

GOODS INVOLVED: Cattle


UNCITRAL case abstract

SPAIN: San Cristobal de La Laguna Court of First Instance 23 October 2007

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/115],
CLOUT abstract no. 1129

Reproduced with permission of UNCITRAL

Abstract prepared by María del Pilar Perales Viscasillas, National Correspondent

The German seller reared and sold beef cattle. The Spanish buyer had ordered 68 head of cattle, 17 of which had to be slaughtered because they were not fit for consumption. The court considered that it was possible to prove neither that there had been a breach of contract nor that such a breach was attributable to the seller: the cattle had been in good condition when they left Germany, accompanied by the relevant health certificates, and were not examined by an expert, nor was any indication of their being in a poor condition given in the transportation documents. Consequently, it was not possible to determine whether the cattle that became ill did so during the journey or upon arrival.

With regard to the giving of notice under article 39 of CISG, the court considered that it could not accept as a formal complaint the fact that such notice had been given via an intermediary in the sales contract, since no written claim or notice had subsequently been received by the seller through the channels normally used in such cases, which would have exempted the buyer from its main obligation, namely to pay the price stipulated in the contract.

With regard to the payment of interest, the court applied Law No. 3/2004 of 29 December 2004, which incorporates Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 and establishes measures to combat late payment in commercial transactions. The legal interest rate for late payment, established in accordance with the provisions of the above-mentioned Law, would be applied over the six months following the date when the rate was set.

In relation to the initial calculation of the period within which notice of lack of conformity should have been given, the court, for reasons of fairness, decided that that period should be of two years from the time at which the buyer could first have lodged its complaint, as provided for in article 39 of CISG.

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 35 ; 39 ; 79 (este ultimo no citado, pero relevante)

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

English: Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=1251&step=Abstract>

Spanish: CISG-Spain and Latin America website <http://www.uc3m.es/cisg/respan66.htm>

CITATIONS TO TEXT OF DECISION

Original language (Spanish): CISG-Spain and Latin America website <http://turan.uc3m.es/uc3m/dpto/PR/dppr03/cisg/documents/slallaguna.pdf>; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=1251&step=FullText>

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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