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| Abstract | ||||||||||||||||||
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| An English seller and a Spanish buyer concluded a contract for the sale of chip-protection labels. After delivery the buyer, alleging poor conditions of the goods, rejected them. As the seller refused to take back the goods, the buyer commenced proceedings to have the goods judicially deposited in custody and subsequently sold as being subject to deterioration.
The first instance court rejected the buyerìs claim, holding that Spanish domestic law only allows judicial deposit of goods in the interest of the seller, in case of rejection or delay of the buyer in receiving delivery. The appellate court held that CISG was applicable to the case at hand. The court observed that according to Art. 86 CISG the buyer who intends to reject the goods after taking delivery should take reasonable steps for the preservation of the goods, and that according to Art. 87 CISG the party who is obliged to take steps for the preservation of goods may proceed to deposit them in the wharehouse of a third party at the expenses of the other party, provided that the expense incurred is not unreasonable. The court finally held that the proceeding commenced by the buyer for the judicial deposit of goods according to the Spanish domestic law were admissible. |