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CISG CASE PRESENTATION

Spain 27 January 2010 Trial Court Barcelona (Lathe machine case)
[Cite as: http://cisgw3.law.pace.edu/cases/100127s4.html]

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

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Case identification

DATE OF DECISION: 20100127 (27 January 2010)

JURISDICTION: Spain

TRIBUNAL: Audiencia Provincial de Barcelona, sección 16ª

JUDGE(S): Don Agustín Ferrer Barriendos

CASE NUMBER/DOCKET NUMBER: 684/2006

CASE NAME: Unavailable

CASE HISTORY: 1st instance Juzgado de Primera Instancia 6 Sabadell, 31 July 2008

SELLER'S COUNTRY: Spain

BUYER'S COUNTRY: Spain

GOODS INVOLVED: Lathe machine


UNCITRAL case abstract

SPAIN: Barcelona Provincial High Court (Lathe machine case) 27 January 2010

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/105],
CLOUT abstract no. 1035

Reproduced with permission of UNCITRAL

Abstract prepared by María del Pilar Perales Viscasillas

The case concerned the defects in a machine sold by one Spanish company to another. The Court considered it in the light of the principle of aliud pro alio, which it ruled arose from case law and constituted a remedy for the resolution of situations of extreme injustice that might occasionally be created by modern contracts and to which no reasonable solution could be found in the civil cases that had passed through the Spanish legal system down the years. The Court thus deemed that it should apply benchmarks for fairness that would avoid the need to endorse the absolute authority of the aliud pro alio principle. A good benchmark, it held, could be found in the references to conformity with ordinary use or a particular purpose, as set out in article 35 of CISG, which constituted the current law of Spain in such sale contracts and whose benchmarks -- which were accepted throughout the world, since they were contained in a Uniform Law produced by the United Nations -- also applied basically to consumer sales under Act No. 23/2003 on guarantees in the sale of consumer goods, particularly as none of these legal texts contained rules directly applicable in the case before the court.

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Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 35

Classification of issues using UNCITRAL classification code numbers:

35B1 ; 35B2 [Fitness for purposes for goods of same description ; Fitness for particular purpose made known to seller]

Descriptors: Conformity

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Editorial remarks

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (Spanish): CISG-Spain and Latin America website <http://turan.uc3m.es/uc3m/dpto/PR/dppr03/cisg/October 1, 2010.htm>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated June 9, 2011
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