The claim is therefore based on Art. 2033 [Italian Codice Civile], which orders restitution in the case of a payment made without legal cause. [. . .]

Art. 81(1), sentence 1 CISG states that an avoidance of the contract releases both parties from their contractual obligations, though it does not affect any claims for damages, provisions for the settlement of disputes or other provisions governing the parties’ rights after avoidance of the contract (Art. 81(1), sentence 2). As a matter of course, the avoidance of the contract mentioned in Art. 81(1) CISG must be rightful and effective.