Go to Database Directory || Go to CISG Table of Contents || Go to Case Search Form || Go to Bibliography
Search the entire CISG Database (case data + other data)

CISG CASE PRESENTATION

Spain 12 May 2008 Appellate Court Valencia (GPS radio systems equipment case)
[Cite as: http://cisgw3.law.pace.edu/cases/080512s4.html]

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

Case Table of Contents


Case identification

DATE OF DECISION: 20080512 (12 May 2008)

JURISDICTION: Spain

TRIBUNAL: Audiencia Provincial de Valencia, sección 8ª

JUDGE(S): Sr. D. Eugenio Sánchez Alcaraz

CASE NUMBER/DOCKET NUMBER: Recurso de Apelación No. 51/2006

CASE NAME: Unavailable

CASE HISTORY: 1st instance Juzgado de Primera Instancia No. 1 de Valencia 30 June 2007

SELLER'S COUNTRY: Reino Unido

BUYER'S COUNTRY: Spain

GOODS INVOLVED: GPS radio systems equipment


UNCITRAL case abstract

SPAIN: Valencia Provincial High Court [1] 12 May 2008

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/147],
CLOUT abstract no. 1387

Reproduced with permission of UNCITRAL

Abstract prepared by Marķa del Pilar Perales Viscasillas, National Correspondent

The Spanish buyer and the English seller concluded a contract for the sale of 40 GPS-equipped radio sets to be subsequently leased to a golf club. The seller brought a suit for breach against the buyer in connection with payment of the price. The buyer, on the other hand, claimed that the seller exhibited clear negligence by never properly installing the appliances specified in the contract, which caused a large number of problems in operating them and that the seller also did not correctly provide the technical assistance service provided for in the contract. For this reason, the buyer did not pay some of the stipulated price and issued an invoice for the costs that had been directly incurred. The lower court, in the light of the evidence provided, upheld the seller's challenge in its entirety and ordered the buyer to pay some of the unpaid price.

Both parties appealed. The appeals court considered the relationship between the parties to be governed by 1(1)(a) CISG, noting no exclusions of the Convention of any kind, and did not suggest that this could be deduced from the fact that the price was specified in euros and not in pounds sterling.

The Court held that the seller had delivered the goods and therefore, in accordance with articles 53 and 59 CISG, there was an obligation to pay the price. In response, the non-observance of the seller was cited in terms of the poor installation, operation and maintenance of the goods supplied on the basis of the “exceptio non rite adimpleti contractus” (exception due to contractual breach). The burden of proof of the deficient non-compliance falls on the buyer, which failed to sufficiently prove breach of contract since it only presented one witness, one of its employees, while there were other witnesses who testified differently. The Court took the view that expert opinion would have been required given the eminently technical nature of the disagreement.

Similarly, from the date of installation of the GPS devices in May 2004 until November 2005, the seller had no record of any complaint from the buyer which, in the opinion of the Court, greatly exceeded the reasonable period of time mentioned in article 39 CISG.

__________________________________

1. Previously heard by Valencia Court of First Instance No. 11, 30 June 2007.

Go to Case Table of Contents

Classification of issues present

APPLICATION OF CISG: Yes [Article 1(1)(a)]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 53 ; 59

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Unavailable

Go to Case Table of Contents

Editorial remarks

Go to Case Table of Contents

Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

Spanish: CISG-Spain and Latin America website <http://www.cisgspanish.com/seccion/jurisprudencia/espana/?provincia=Valencia>

CITATIONS TO TEXT OF DECISION

Original language (Spanish): CISG-Spain and Latin America website <http://www.cisgspanish.com/jurisprudencia/espana/audiencia-provincial-de-valencia-12-mayo-2008/>; see also Fuente: Aranzadi Westlaw

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

Go to Case Table of Contents
Pace Law School Institute of International Commercial Law - Last updated September 4, 2014
Comments/Contributions
Go to Database Directory || Go to CISG Table of Contents || Go to Case Search Form || Go to Bibliography