Case law

  • Case Details
    • National ID: link
    • Member State: Slovenia
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 22/06/2015
    • Court: Higher court in Ljubljana
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Unknown
    • Keywords: B2C, distance contracting, Distance Selling Directive, goods
  • Directive Articles
    Distance Selling Directive, link
  • Headnote
    The excessive use of goods purchased via internet, does not preclude the right of withdrawal. It only gives rise to the seller's potential claim for a compensation for the use of goods, if the goods were used in a manner which is not compatible with the principles of law of obligations.
  • Facts
    The consumer purchased a camera, a bag and a memory card online and exercised his right of withdrawal within the appropriate time limit. The seller refused to refund his purchase on the grounds that the consumer used the items excessively.
  • Legal issue
    The excessive use of goods purchased via internet does not preclude the right of withdrawal. It only gives rise to the seller's potential claim for a compensation for the use of goods, if the goods were used in a manner which is not compatible with the principles of law of obligations.
  • Decision
  • Related Cases

    No results available

  • Legal Literature

    No results available

  • Result
    The plaintiff's request was denied.