Barcelona Court Upholds Ruling Against Meat Supplier for Foul Cheeses
A Barcelona court dismissed the supplier's appeal, confirming liability for defective, foul-smelling cheeses shipped to Andorra in 2015 and ordering.
Key Points
- Cheeses shipped June 2015 emitted fetid odour within 30 days, making them unsellable.
- Expert analysis confirmed portions unfit; supplier replaced two pallets but issues persisted.
- Court rejected supplier's unpaid invoice claim, awarded buyer's counterclaim for losses.
- Precedent set on supplier liability for delivering marketable food products.
A Barcelona court has upheld a ruling against a meat supplier, confirming its liability for damages caused by a batch of foul-smelling cheeses shipped to Andorra in the summer of 2015. The Provincial Court of Barcelona dismissed the company's appeal in a final second-instance decision, ordering it to pay €3,335 in compensation plus legal costs.
The dispute originated in June 2015, when the supplier provided cheeses to an intermediary firm tasked with exporting them to an Andorran client. The goods arrived on pallets and were stored in a refrigerated chamber. Within fewer than 30 days of shipment, the cheeses began emitting a strong, fetid odour that rendered them unsellable.
The recipient notified the supplier, which agreed to replace two pallets at no charge. Problems persisted, however, and an expert analysis months later confirmed that portions of the merchandise were unfit for consumption. The Andorran client incurred costs for transport, storage, customs clearance, testing, and destruction of the spoiled product.
Tensions escalated when the supplier sued for unpaid invoices. The First Instance Court in Vilanova i la Geltrú rejected the claim outright and awarded the buyer's counterclaim for losses due to the defective goods. On appeal, the Provincial Court affirmed the lower court's findings, ruling that the supplier lacked standing to demand payment on a key invoice and that the evidence clearly proved the cheeses were unsuitable for resale.
The judges noted that the odour emerged soon after arrival in Andorra, despite refrigeration, ruling out mishandling by the buyer. Responsibility lay with the supplier to deliver marketable products.
Though the sum involved is modest, the case highlights how a supply chain issue in the food sector can lead to prolonged litigation, establishing precedents on liability and contractual standing.
Original Sources
This article was aggregated from the following Catalan-language sources: