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| An Italian seller and a Spanish buyer concluded a contract for the sale of goods.
After the seller secured a favorable decision in the Italian courts for the buyer’s breach of contract consisted in the failure to pay the agreed price, the seller sought the exequatur for the Italian decision before the competent Spanish court, to execute it against the buyer. The buyer opposed that the Italian decision could not receive the exequatur requested by the buyer, as being contrary to Spanish public order rules, being the Italian court obviously lacking jurisdiction on the case of payment of price according to Art. 5.1 of the Brussels Convention of 1968. The Spanish court rejected the buyer’s argument, observing that CISG was applicable to the case at hand, involving an international sale of goods between parties residing in two different contracting States, and that according to Art. 57(1) CISG the price had to be paid at the seller’s place of business. |