Mr X. (the buyer) had purchased the Alfa Romeo brand for used vehicles from Marcassus Sport (the company). The buyer decided to terminate the contract of sale for breach of contract due to the discovery of multiple points/bumps in the body of the used car.
The forensic report notes that "many small white spots are visible on the bodywork elements that look towards the road in the direction of the path, the gravel has removed the protective varnish from the paint, which shows the layer of primer". According to the report, said points appeared a few months after the sale of the vehicle and have worsened since then.
The buyer stated that this defect could not be clearly detected at the time of sale, which makes the vehicle unsuitable for use that can generally be expected within the meaning of article L. 211-5 of the Consumer Code. The buyer of a vehicle, even used, can legitimately assume that the original body paint will resist normal gravel impacts without damaging the protective varnish, up to the point where the primer appears, exposing the vehicle to premature corrosion and aesthetic degradation.
The Court of Appeal found that when the buyer was provided information, particular importance had been given to the aesthetic appearance of the body of the vehicle, which can be inferred from the statements on the order form related to a finish called "polish".
Therefore, despite the buyer successfully requesting a repair from the company and the fulfilment of the obligation on behalf of the company, the Court ordered the order of the resolution of the sale contract in base of articles L. 211 -9 and L. 211-10 that becomes articles L. 217-9 and L. 217-10 of the Consumer Code.
However, the company appealed the decision issued by the Court of Appeal of Toulouse before the Court of Cassation.