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| A Venezuelan buyer and a Spanish seller concluded a contract for the sale of goods. After having paid the agreed price in US dollars, the buyer did not receive the goods.
The seller responded to the inquiries of the buyer alleging that the goods were ready to be delivered, but could not be shipped to the buyer for lack of documentation that should be provided by the buyer. The buyer commenced action for the restitution of the price paid. The court found that in the case at hand no documents had to be provided by the buyer. The court held that the seller did not fulfil its main obligation to deliver the goods and that the buyer had the right to declare the contract avoided, according to Arts. 25, 32(2), 34 and 49 CISG, as well as according to the relevant rules in Spanish domestic law. The court condemned the buyer to pay back the price to the buyer, in US dollars, or in pesetas at the official exchange rate of the date when restitution was due, plus interests at the Spanish statutory rate accruing since that date. |