Wine Law

Wine Sale Caterina del Federico1 Premise; 1. Some Data and Relevant Profiles; 2. Wine as a Consumer Good; 3. The Relevance of the Contract; 4. The Sale Contract; 5. The Distribution Contract; 6. Legal Framework within Europe; 7. International Sale Contract: Key Points; 7.1. Content of the Contract; 7.2. Incoterms; Final Remarks. PREMISE In some countries, in Italy for example, the agri-food sector is not just an industry, but a real brand recognised and appreciated worldwide. In this sector, the specific one of wine stands out. Against this background, there are many relevant legal profiles: the choice of the type of contract, the conclusion of the online contract2, the online sale of wine, the role of platforms and large-scale distribution, the tax-customs regime (as wine is subject to excise duties)3, the consumer protection and so on. The article will focus firstly and briefly on some data from online sales sector and e-commerce platforms4 secondly on the use of contract and specifically on the international sale and distribution contracts as fundamental legal institutions in relation to the globalised world in which we have been living for some time now. 1 University of Bologna. 2 The Italian doctrine, in particular, addresses this issue around the end of 1990s: G. FINOCCHIARO, I contratti informatici, in Trattato di diritto commerciale e di diritto pubblico dell’economia, in F. GALGANO (dir.), Padova, 1997, pp. 51 et seq. 3 With respect to fiscal aspects on online international sale and distribution of wine, see C. SACCHETTO, Fiscal aspects of online wine distribution: IVA; P. MASTELLONE, Excise and other indirect taxes in international wine trade, in O. M. CALLIANO (edited by) E-Wine. Aspetti gius-economici della ocmunicazione e distribuzione del vino online, Torino, 2018. 4 Whth regard to these profiles, it has to be considered that the use of Internet for commerce (including that of wine) is increasing exponentially. It is interesting to understand how historians of science have analysed the historical evolutionary process of the Internet: V. J. RYAN, A history of Internet and the digital future, London, 2010.

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