An Italian wine producer concluded several contracts for the sale of wine with different French buyers. Some lots of wine were adulterated by the addition of a high quantity of sugar which caused an augmentation of the alchool degree.
Without making any reference to CISG, the Court of Appeal (Cour d'Appel de Montpellier, 15-04-1993) declared some of the contracts avoided, as the seller had not performed its obligation to deliver goods conforming to the contract, the fact being that the quantity of sugar made the wine unfit for consumption.
The Supreme Court found that the contracts were governed by CISG pursuant to Art. 1(1)(a) CISG and confirmed the Court of Appeal decision, stating that its reasoning was supported by the provisions laid down in Arts. 35 et seq. CISG. |