Ġurisprudenza

  • Dettalji tal-Każ
    • ID Nazzjonali: CCT 29/10 Anne Marie & Eman Vella vs. International Sales Direct
    • Stat Membru: Malta
    • Isem Komuni:N/A
    • Tip ta’ deċiżjoni: Deċiżjoni tal-qorti, l-ewwel grad
    • Data tad-Deċiżjoni: 04/10/2010
    • Qorti: Maltese Consumer Tribunal
    • Suġġett:
    • Rikorrent: Anne Marie Vella and Eman Vella
    • Intimat: International Sales Direct
    • Kliem Prinċipali: material information, product characteristics
  • Artikoli tad-Direttiva
    Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 1.
  • Nota Introduttiva
    It is a misleading commercial practice not to inform consumers on the requirements that have to be met in order to successfully use a product.
  • Fatti
    A so-called "reverse osmosis" system, a filtration mechanism, had been installed at the plaintiffs' residence but continuously suffered damages.

    The plaintiffs filed a complaint against the defendant.

    However, according to the defendant, the malfunctions established were due to high water pressure at plaintiffs' residence.
  • Kwistjonijiet legali
    Is it a misleading commercial practice not to inform consumers on certain requirements that have to be met in order to use a product?
  • Deċiżjoni

    In a short reasoning, it was held by the court that the information on water pressure was essential information for the plaintiffs. The defendant could not prove that he had communicated this essential information to the plaintiffs.

    As a result, the court ruled that when a trader does not provide a consumer with full details regarding the product being sold, including all requirements to successfully make use of the product, this misleads the average consumer and this could lead a consumer to take a transactional decision that he would not have taken otherwise.

    Test sħiħ: Test sħiħ

  • Każijiet Relatati

    Ebda riżultat disponibbli

  • Letteratura Legali

    Ebda riżultat disponibbli

  • Riżultat
    Plaintiff's request was granted and a compensation was awarded.