Spain 24 April 2009 Appellate Court Alicante
[Cite as: http://cisgw3.law.pace.edu/cases/090424s4.html]
DATE OF DECISION:
CASE NUMBER/DOCKET NUMBER: Recurso de Apelación No. 72/2009
CASE HISTORY: 1st instance Juzgado de Primera Instancia No. 2 de Elche 23 October 2008
SELLER'S COUNTRY: Germany
BUYER'S COUNTRY: Spain
GOODS INVOLVED: [-]
SPAIN: Alicante Provincial High Court  24 April 2009
Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/147],
CLOUT abstract no. 1385
Reproduced with permission of UNCITRAL
The lower court had found that the German seller was not entitled to claim the costs of extrajudicial claims made by a specialized company and a law firm on the basis that such expenses may not include damages that might not be foreseeable by the respondent, as they consist of voluntary business actions.
However, the Alicante Provincial High Court found that such costs could indeed be claimed because the Spanish buyer was aware of these collection efforts and of their amount, and because the terms and conditions of the contract between the parties established that, in the event of delay on the part of the buyer, the seller would be entitled to demand, in addition to interest of 12 per cent for late payment, expenses incurred due to payment notices, extrajudicial costs and costs incurred by resorting to the Austrian Creditors’ Protection Association or by engaging a lawyer; that is, costs which would have been properly required in each case to ensure collection.
The Court considered this claim to be included in article 74 CISG, as well as the accrual of interest in article 78 CISG, although for the interest rate it referred to domestic law, i.e. to article 341 of the Code of Commerce according to which in the absence of agreement the legal interest rate shall apply from the day that the challenge is filed.
1. Previously heard by Elche (Alicante) Court of First Instance No. 6, 23 October 2008..
APPLICATION OF CISG: [-]
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
CITATIONS TO OTHER ABSTRACTS OF DECISION
Spanish: CISG-Spain and Latin America website <http://www.cisgspanish.com/seccion/jurisprudencia/espana/?provincia=Alicante>
CITATIONS TO TEXT OF DECISION
Original language (Spanish): CISG-Spain and Latin America website <http://www.cisgspanish.com/jurisprudencia/espana/audiencia-provincial-de-alicante-24-abril-2009/>
CITATIONS TO COMMENTS ON DECISION
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