Consumer Sales and Guarantees Directive, link

ECLI identifier: SK:NSSR:2019:8310202910.1

It is possible to change the applied right from a defect in goods?

The subject of the dispute was a car which the plaintiff bought from the defendant on 18 December 2007. The plaintiff found the vehicle defect manifested by the flow of water into the luggage compartment, which could not be removed despite the attempt of two repairs. By letters dated 7 December 2009 and 17 December 2009, the plaintiff asserted against the defendant the right of liability for defects in the case, concretely the right to exchange the car, and withdrew from the purchase contract.

In cases where hidden defects are present long after the purchase, the Court examines the possibility of withdrawing from the contract, requiring the exchange of the product purchased, or requesting a reduction in price.

The Court confirmed the decision of the lower courts and stated that an action by which the plaintiff exercises the right to withdraw from the contract due to liability for defects can also be considered as the exercise of a smaller right that compared to withdrawal from the contract, and also the right to reduce the purchase price.

Celé znenie: Celé znenie

Nie sú k dispozícii žiadne výsledky

Nie sú k dispozícii žiadne výsledky

The Court determined the claims in accordance with the objectives of the Directive.