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Case Details

Case Details
National ID Supreme Court, Judgement e3K-3-239-378/2019
Valstybė narė Lietuva
Common Name N/A
Decision type Supreme court decision
Decision date 11/07/2019
Teismas Supreme Court of Lithuania
Tema
Ieškovas
Atsakovas
Raktažodžiai sales contract, poor quality, burden of proof, defects

Unfair Contract Terms Directive, link

If a buyer who is a consumer, within a period of six months, claims a defective feature of a sofa he has purchased and  the seller does not prove that the defects did not exist at the time of delivery, it can be presumed that the defects were already existent at the time of delivery and that the seller is liable for them.

The defendant (consumer) bought a sofa in a furniture store owned by the plaintiff. Upon receiving the sofa, the defendant filed a claim against the plaintiff because he thought the sofa was too hard. The plaintiff rejected the claim, explaining that the product met the quality requirements. The defendant applied to the State Consumer Rights Protection Service (hereinafter – CRPS) which upheld the defendant's claim and ordered the plaintiff to replace the sofa of poor quality purchased by the defendant with a sofa of a good quality. The plaintiff did not agree with CRPS and went to court.

First Instance Court dismissed the action.

The Appellate Court overruled the decision of First Instance Court and upheld the action in full.

If a buyer who is a consumer, within a period of six months, claims a defective feature of a sofa he has purchased and  the seller does not prove that the defects did not exist at the time of delivery, it can be presumed that the defects were already existent at the time of delivery and that the seller is liable for them.

Yes. If a buyer who is a consumer, within a period of six months, claims a defective feature of a sofa he has purchased and  the seller does not prove that the defects did not exist at the time of delivery, it can be presumed that the defects were already existent at the time of delivery and that the seller is liable for them.

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The Court overruled the decision of The Appellate Court and referred the case back to The Appellate Court for retrial.