This case involves two Spanish parties, which entered into a contract for the sale of glue. The seller, knowing the specific use for which the buyer needed the glue, expressly indicated the particular kind of glue to be sold to the buyer. After the glue proved inadequate for the purpose, the buyer brought an action against the seller alleging non-performance.
The Court applied Spanish domestic law and observed that the seller, having known the specific use for the product sold, was at fault for not having fulfilled its contractual obligation to transfer goods fit for the use agreed or known to the seller; in deciding the issue the Court made an obiter reference to Art. 35(2) CISG, which although not applicable in the case at hand, was held to be an expression of the same principle.
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