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Case Details

Case Details
National ID C-65/09 and C 87/09
Member State European Union
Common Name Gebr. Weber GmbH v Jürgen Wittmer and Ingrid Putz v Medianess Electronics GmbH
Decision type Other
Decision date 16/06/2011
Court European Court of Justice
Subject
Plaintiff
Defendant
Keywords

Consumer Sales and Guarantees Directive, Article 3, 2. Consumer Sales and Guarantees Directive, Article 3, 3.

These references for a preliminary ruling concern the interpretation of Article 3(2) and the third subparagraph of Article 3(3) of Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ 1999 L 171, p. 12, ‘the Directive’).

The references have been made in proceedings between, as regards Case C 65/09, Gebr. Weber GmbH (‘Weber’) and Mr Wittmer concerning the delivery of tiles in conformity with the contract of sale and the payment of financial compensation and, as regards Case C 87/09, between Ms Putz and Medianess Electronics GmbH (‘Medianess Electronics’) concerning the reimbursement of the purchase price of a dishwasher which was not in conformity with the contract of sale, instead of the replacement of the machine.
Article 3(2) and (3) of Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees must be interpreted as meaning that, where consumer goods not in conformity with the contract which were installed in good faith by the consumer in a manner consistent with their nature and purpose, before the defect became apparent, are restored to conformity by way of replacement, the seller is obliged either to remove the goods from where they were installed and to install the replacement goods there or else to bear the cost of that removal and installation of the replacement goods. That obligation on the seller exists regardless of whether he was obliged under the contract of sale to install the consumer goods originally purchased.

Article 3(3) of Directive 1999/44 must be interpreted as precluding national legislation from granting the seller the right to refuse to replace goods not in conformity, as the only remedy possible, on the ground that, because of the obligation to remove the goods from where they were installed and to install the replacement goods there, replacement imposes costs on him which are disproportionate with regard to the value that the goods would have if there were no lack of conformity and the significance of the lack of conformity. That provision does not, however, preclude the consumer’s right to reimbursement of the cost of removing the defective goods and of installing the replacement goods from being limited, in such a case, to the payment by the seller of a proportionate amount.
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