Съдебна практика

  • Данни за случая
    • Национален идентификатор: District Court Yambol, Judgement 272/2019
    • Държава-членка: България
    • Общоприето наименование:N/A
    • Вид решение: Съдебно решение в процес на обжалване
    • Дата на решението: 29/11/2019
    • Съд: Окръжен съд Ямбол
    • Заглавие:
    • Ищец:
    • Ответник:
    • Ключови думи: legal guarantee, consumer sales, contract termination, right to terminate,
  • Членове от директивата
    Consumer Sales and Guarantees Directive, Article 3
  • Уводна бележка

    The consumer's right to cancel the contract does not arise if the trader eliminates the defect by repair and notifies the consumer within one month of filing the complaint.

  • Факти

    A trader and a consumer enter into a contract for the sale of a mobile phone and a tablet. The contract states that the buyer is an agricultural manufacturer.

    The devices show defects, which the trader eliminates within the statutory period of one month, notifying the consumer and inviting him to pick up the repaired devices.

    The user refuses to do so, stating that he wants them to be replaced with devices from another manufacturer. The trader refuses to satisfy this claim, due to which the consumer files a claim for cancellation of the contract and return of the paid sale price.

  • Правен въпрос
    1. Does the quality of consumer cease simply because the contract states that the buyer is an agricultural manufacturer?

    2. Under what conditions can the consumer request termination of the sales contract?

    3. Can the consumer request the replacement of defective goods with those manufactured by another manufacturer?

  • Решение

    According to the Court, in this case, the status of  consumer of the plaintiff was established, despite the fact that the contract states that he is an agricultural manufacturer, as it is not claimed and there is no data that the two purchased devices,  a mobile phone and a tablet, are intended for the activity of the plaintiff as an agricultural manufacturer. Therefore, the Consumer Protection Act is applicable to the contract.

    When filing a complaint about the defect, the consumer asked the trader to replace the devices with those of another manufacturer, which the trader considered an impossible and disproportionate way of satisfaction, which is not provided by law. Therefore, the trader  repaired the devices. The repair was carried out within two weeks of filing the complaint and the trader notified the consumer of the possibility to receive back the repaired devices. The fact that the consumer  refused to receive them does not give the consumer the right  to terminate the contract due to the expiration of the one-month period for satisfaction of the claim.

    The law does not provide for the right of the consumer to request replacement of defective goods with similar ones produced by another manufacturer, therefore the consumer’s claim  to the trader is unfounded.

    Пълен текст: Пълен текст

  • Свързани случаи

    Няма налични резултати

  • Правна литература

    Няма налични резултати

  • Резултат

    The District Court Yambol upheld the decision of the First Instance Court and dismissed the consumer's claim for annulment of the contract. The courts accept that the consumer has the right to terminate the contract only if the trader has not remedied the damage within one month of filing the complaint. The courts also held that the consumer was not entitled to require the trader to replace a defective product with a product manufactured by another manufacturer.