Jurisprudência

  • Informações sobre o processo
    • ID nacional: Supreme Court of Justice, Judgement 2627/12.9T2SNT.L1. S1
    • Estado-Membro: Portugal
    • Designação comum:N/A
    • Tipo de decisão: Decisão do Supremo Tribunal
    • Data da decisão: 10/09/2019
    • Tribunal: Supremo Tribunal de Justiça
    • Assunto:
    • Requerente:
    • Requerido:
    • Palavras-chave: Consumer rights, consumer guarantee, repair, replacement
  • Artigos da diretiva
    Consumer Sales and Guarantees Directive, RECITALS, (10) Consumer Sales and Guarantees Directive, Article 3, 3. Consumer Sales and Guarantees Directive, Article 3, 3., - Consumer Sales and Guarantees Directive, Article 3, 3., - Consumer Sales and Guarantees Directive, Article 3, 3., - Consumer Sales and Guarantees Directive, Article 3, 3.
  • Nota introdutória

    The faculties indicated in art. 4, no. 1 of Decree-Law no. 67/2003 of 8 April, do not obey a hierarchy. It is up to the consumer to choose the option that best satisfies their interests. However, when the consumer opts for a repair which is carried out, they cannot subsequently seek the replacement of the good, as the non-conformity has already been repaired.

  • Factos

    The plaintiff claimed the lessor should replace the vehicle that malfunctioned several times.

    A judgement was passed dismissing the action and acquitting the defendants.

    The plaintiff appealed the decision and asked for it to be revoked.

    Aware of the appeal, the Lisbon Court of Appeal confirmed the contested decision.

    This decision was the object of the present Appeal.

  • Questões jurídicas

    Can the consumer invoke the replacement of the good after several repairs?

  • Decisão

    The consumer does not have the right to the replacement of the vehicle, as this right is an alternative to the right of the repair.

    Once the repair has been carried out (without any reason to believe that the problem has not been remedied), the consumer no longer has the (alternative) right to demand the replacement of the goods.

    URL: http://www.dgsi.pt/jstj.nsf/954f0ce6ad9dd8b980256b5f003fa814/f3af75efb81619af802584710051c6f9?OpenDocument

    Texto integral: Texto integral

  • Processos conexos

    Sem resultados disponíveis

  • Bibliografia jurídica

    Sem resultados disponíveis

  • Resultado

    The Court upheld the Second Instance Court judgement.

    Through this judgement, the Court considered that when the consumer opts for the repair and it is carried out, they cannot subsequently seek the replacement of the good, as the non-conformity has already been repaired.