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  • Case Law11111

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    A Spanish company sued a Croatian company in Spanish courts for delivering sportswear late and of lower quality than agreed under a contract. The contract specified delivery in Barcelona under CIF Incoterms 2020 terms. The CISG would apply because both Spain and Croatia have ratified it. The parties could seek remedies through litigation in Spanish courts, which have jurisdiction since the buyer is in Spain. Mexican jurisdiction would apply if the seller was Mexican instead of Croatian. A choice-of-court agreement to French courts would override this if included in the contract. The CIF Incoterm is binding as it was included in the contract terms.

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    A Spanish company sued a Croatian company in Spanish courts for delivering sportswear late and of lower quality than agreed under a contract. The contract specified delivery in Barcelona under CIF Incoterms 2020 terms. The CISG would apply because both Spain and Croatia have ratified it. The parties could seek remedies through litigation in Spanish courts, which have jurisdiction since the buyer is in Spain. Mexican jurisdiction would apply if the seller was Mexican instead of Croatian. A choice-of-court agreement to French courts would override this if included in the contract. The CIF Incoterm is binding as it was included in the contract terms.

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    © All Rights Reserved
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    5 views1 page

    Case Law11111

    Uploaded by

    teresa lorenzo
    A Spanish company sued a Croatian company in Spanish courts for delivering sportswear late and of lower quality than agreed under a contract. The contract specified delivery in Barcelona under CIF Incoterms 2020 terms. The CISG would apply because both Spain and Croatia have ratified it. The parties could seek remedies through litigation in Spanish courts, which have jurisdiction since the buyer is in Spain. Mexican jurisdiction would apply if the seller was Mexican instead of Croatian. A choice-of-court agreement to French courts would override this if included in the contract. The CIF Incoterm is binding as it was included in the contract terms.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    A Spanish company, Hernández SL (buyer) domiciled in BCN concludes a contract of sale of

    goods (sport wear) with a Croatian company (seller) domiciled in Dubrovnik.

    According to the terms of the contract the goods had to be delivered at Barcelona Port (in
    Spain) in condition of CIF INCOTERMS 2020. The seller delivered them late and of a quality
    different from the established. The Spanish company decides to sue the seller before the
    Spanish courts.

    1. Is the CISG applicable? Why? Would the answer be the same if the seller was established
    in India?

    2. Which remedies may the parties apply to solve the dispute?

    3. How could this conflict be solved using the litigation mechanism? Determine the court
    jurisdiction

    4. And what if the seller was a Mexican company? Determine the court jurisdiction

    5. Will the answer to question 4 be different if there was a choice-of-court agreement to the
    French courts?

    6. What relevance does the Incoterm CIF have in this case? Is this Incoterm binding on the
    contracting parties? Why?

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