Съдебна практика

  • Данни за случая
    • Национален идентификатор: Administrative Court Gabrovo, Judgement 72/2020
    • Държава-членка: България
    • Общоприето наименование:N/A
    • Вид решение: Административно решение в процес на обжалване
    • Дата на решението: 16/10/2020
    • Съд: Административен съд Габрово
    • Заглавие:
    • Ищец:
    • Ответник:
    • Ключови думи: consumer guarantee
  • Членове от директивата
    Consumer Sales and Guarantees Directive, Article 3
  • Уводна бележка

    When the trader refuses to accept a complaint regarding a mobile phone, arguing that it is a "mechanical defect", he must specify the type of defect so that a conclusion can be drawn as to its probable cause.

  • Факти

    The Consumer Protection Commission has imposed a property sanction on a trader for unreasonably refusing a complaint about a consumer product - a mobile phone. The phone showed three identical defects during the warranty period. Complaints about the first two are accepted by the trader. The third complaint was not upheld, stating that it was a "mechanical defect", but did not specify its type.

  • Правен въпрос

    How should the trader justify his refusal to bring a defective product in line with the requirements of the contract in the event of a consumer complaint?

  • Решение

    The Administrative Court considers that when it refuses to bring a product which is the subject of a consumer complaint into conformity with the contract, the trader must clearly indicate the nature of the defect and the probable cause of the defect so that it can be verified that the defect is under warranty or not. Simply stating the fact that "the device is mechanically damaged", without a description of the damage and evidence of its type, does not make it possible to check whether it is really a defect that is not covered by the warranty. Moreover, the service report does not contain data on mechanical damage - it is stated that the USB jack charges slowly, the battery drops quickly and that there is a yellow spot next to the volume button, without it being clear whether it is the cause of the problems.

    Since by law the seller is obliged to bring the goods into conformity with the contract, and the trader has not done so, the Court considers that the CPC has legally imposed a sanction on him.

    URL: http://www.admincourtgabrovo.com/menu/del-court%20sistem/CourtA%20work/Web%20page/2020/102020/0074d820/06693020.htm

    Пълен текст: Пълен текст

  • Свързани случаи

    Няма налични резултати

  • Правна литература

    Няма налични резултати

  • Резултат

    Gabrovo Administrative Court confirms the decision of the Gabrovo District Court and the penal decree of the Consumer Protection Commission.