In its "Filmscanner" judgment, the Bundesgerichtshof (BGH) deals with the question whether parties to a research and development cooperation owe a warranty obligation with regard to a shortcoming in the technical concept which prevents completion of the development. Moreover, the court deals with the treatment of such a conceptual shortcoming in case of divestment of the contractual legal position to a third party, where the decisive question is whether the third party can rescind the purchase agreement due to the failure of the development project resulting from the deficiency of the technical concept.