Case number: 188
Article number: sales convention / 99(2); 100(2)
Thessaurs issue:
Country of decision: Spain
Year of decision: 1997
Type of decision: Judicial decision

Case 188: CISG 99(2); 100(2)

Spain: Tribunal Supremo
3 March 1997
Original in Spanish
Published in Spanish in La Ley 9 [7 April 1997]




Prior to 1990, a Spanish company, the seller, concluded with a USA company, the buyer, successive FOB contracts for the sale of lemons.





As a consequence of the breach by the buyer of its duty to pay the purchase price agreed upon, the seller made a series of joint claims for the unpaid amounts against the buyer and the sea carrier, which had been charged with the transportation of the goods.





The court noted that the CISG did not become part of Spanish law until after the dispute arose between the parties. Accordingly and in view of the interpretation of articles 99(2) and 100 (2) CISG, the court held that the CISG was not applicable to the dispute, which arose from a contract for the sale of goods concluded prior to the entry into force of the CISG in Spain.