Convention on the International sales of Goods - Case resolution

An Italian company, the Seller, and a German company, the Buyer entered into a contract for the Seller

to deliver a consignment of wine to the Buyer in Germany. The German authorities seized the wine and

destroyed it, since it contained a reasonable percentage of water with which the wine had been mixed.

The Buyer refused payment. The Seller wants to start a claim.

Taking into account the fact that the agreement between the parties is regulated by the articles of the

CISG, please indicate which party is right, on which ground and which damage is to be paid to whom, if

any.

Your analysis and decision need to include the following:

1. Applicability of the CISG;

2. The rules on the goods;

3. Formation of the contract;

4. The buyers and sellers obligations;

5. Analyze the case from the sellers and buyers potential arguments;

6. Remedies of the seller and of the buyer;

7. Lack of conformity of the goods;

8. Avoidance of contract and damages;

9. Defenses;

10. The applicable law and jurisdiction and any other legal elements that you can think of.