Consumer Sales and Guarantees Directive, Article 3

The consumer's right to terminate the contract arises automatically within one month from the date of filing the claim if it has not been satisfied. It does not matter for what reasons the complaint was not satisfied within one month. It is also irrelevant that at the time of the declaration of cancellation of the contract, the goods had been repaired.

A consumer has filed a claim against a trader for a refund of the sale price of a mobile phone, as the contract of sale has been terminated on the grounds of Art. 113, para. 3 of the Consumer Protection Act because the claim for defect filed by him was not satisfied within the one-month period.

The telephone was sent for repair to a service centre in Germany and was returned to the consumer 3 days after the expiration of the one-month period from filing the complaint. The user made the statement to cancel the contract after being informed that the device had been repaired.

Is it permissible to cancel a consumer contract if the trader has repaired the goods three days after the expiration of the one-month period specified in the law to satisfy the claim, and the consumer has sent a statement to cancel the contract after being notified that the goods have been repaired and can be collected at the merchant's store?

The Court considers that the one-month period specified in the Consumer Protection Act from the date of filing the complaint, in which the trader must replace or repair it and after which the consumer has the right to terminate the contract, is imperative. The right to terminate the contract arises automatically upon its expiration.

In this case, it is irrelevant that the trader does not have a service in Bulgaria and the phone had to be repaired in Germany, as well as that the return of the goods was delayed due to а wrong address.

It is irrelevant that the repaired goods were received by the trader only 3 days after the expiration of the one-month period, and that the consumer made his statement to terminate the contract after being informed that the goods were repaired and could be collected at the trader's site. The delay of the repair after the one-month term is not in the category of insignificant non-fulfilment, under which the consumer has no right to terminate the contract, according to art. 114, para. 4 ZZP.

URL: https://sgs.justice.bg/bg/12543?from=&to=&actkindcode=5001&casenumber=15674&caseyear=2018&casetype=%D0%93%D1%80%D0%B0%D0%B6%D0%B4%D0%B0%D0%BD%D1%81%D0%BA%D0%BE

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Sofia City Court upholds the decision of the Sofia District Court, which upheld the consumer's claims.