UNCITRAL CLOUT Case 549 (Americana Juice Import Inc. v. Cherubino Valsangiacomo S.A.)

405/2003 (2003)

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UNCITRAL CLOUT Case 549 (Americana Juice Import Inc. v. Cherubino Valsangiacomo S.A.)

Valencia Provincial Court
405/2003 (2003)

RW

Facts

The American company Americana Juice Import Inc. (buyer) (plaintiff) contracted to buy perishable concentrated grape must from the Spanish company Cherubino Valsangiacomo S.A. (seller) (defendant). The contract contained an ex factory clause requiring the buyer to collect the grape must in batches, at the seller’s establishment, between October 1997 and February 1998. However, the buyer’s difficulty in financing the purchase delayed the buyer’s first collection until November 1997. The first batch lost much of its quality during this month-long delay. The buyer sued the seller for breach of contract. A Spanish trial court applied the United Nations Convention on Contracts for the International Sale of Goods (CISG) to the case and entered judgment for the seller. The buyer appealed to the provincial court based in the Spanish city of Valencia.

Rule of Law

Issue

Holding and Reasoning ()

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