• Detalii privind cazul
    • ID național: Local Court, Cluj, Judgment 8988/2017
    • Statul membru: România
    • Denumire comună:N/A
    • Tipul de decizie: Decizie a Curții (primă instanță)
    • Data deciziei: 15/12/2017
    • Instanţa: Local Court, Cluj
    • Obiect:
    • Reclamantul:
    • Pârâtul:
    • Cuvinte-cheie: consumers rights, withdrawal right, off-premises contract
  • Articole din directivă
    Consumer Rights Directive, Chapter 3, Article 9 Consumer Rights Directive, Chapter 3, Article 12 Consumer Rights Directive, Chapter 3, Article 12 Consumer Rights Directive, Chapter 3, Article 13
  • Notă preliminară


    The withdrawal right should not be motivated by the consumer and can be invoked in the withdrawal period even if the consumer has also requested the verification or the repair of some of the products.

  • Fapte

    The consumer made a purchase on a computer products website. On the day of delivery, he realized that one of the products was defective, so he requested the seller to repair it.

    After the seller returned the repaired product, the consumer proceeded to return all the products and to request the refund of the money paid.

    The seller argues that the consumer cannot enjoy the right of return because he had requested the repair of the product.

  • Chestiune juridică

    Should the consumer motivate the withdrawal right?

    May the request for repair block the right to withdraw?

  • Hotărârea
  • Cazuri conexe

    Nu există rezultate disponibile

  • Doctrină

    Nu există rezultate disponibile

  • Rezultat

    According to article 9, paragraph 1, of the OUG Law 34/2014 (with the exception of article 16), the consumer has the right to terminate a contract concluded remotely or outside the commercial establishment (business premises), within 14 days, without having to justify that decision.

    The Court ordered the defendant (seller) to reimburse the amount paid to the plaintiff, as well as to pay the legal interest of that amount from the filing of the claim to the actual payment.