damages equal to the loss for including loss of profit, suffered by the other party as a consequence of the breach. Such damages may not exceed the loss which the party in breach foresaw or ought to have foreseen at the time of the conclusion of the contract, in the light of the facts and matters of which he then knew or ought to have known, as a possible consequence of the breach of contract
second, the loss to the party affected must have been caused by the other party's breach, whether this was a result of a late or non-conforming performance or of no performance at all, or because the goods are directly or partly unusable because they are burdened with third-party claims (Article 74 sentence 1)“.