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CISG CASE PRESENTATION

Spain 24 April 2009 Appellate Court Alicante
[Cite as: http://cisgw3.law.pace.edu/cases/090424s4.html]

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

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Case identification

DATE OF DECISION: 20090424 (24 April 2009)

JURISDICTION: Spain

TRIBUNAL: Audiencia Provincial de Alicante

JUDGE(S): Sra. Dª Encamación Caturia Juan

CASE NUMBER/DOCKET NUMBER: Recurso de Apelación No. 72/2009

CASE NAME: Unavailable

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: [-]


UNCITRAL case abstract

SPAIN: Alicante Provincial High Court [1] 24 April 2009

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/147],
CLOUT abstract no. 1385

Reproduced with permission of UNCITRAL

Abstract prepared by Marķa del Pilar Perales Viscasillas, National Correspondent

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.

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1. Previously heard by Elche (Alicante) Court of First Instance No. 6, 23 October 2008..

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Classification of issues present

APPLICATION OF CISG: [-]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 74 ; 78

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://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/>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated September 4, 2014
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