Teismų praktika

  • Bylos aprašymas
    • Nacionalinis numeris: Court of Appeal, Judgement e2A-434-516/2020
    • Valstybė narė: Lietuva
    • Bendrinis pavadinimas:N/A
    • Sprendimo rūšis: Teismo sprendimas apeliacinėje byloje
    • Sprendimo data: 11/06/2020
    • Teismas: Lietuvos Aukščiausiasis Teismas
    • Tema:
    • Ieškovas:
    • Atsakovas:
    • Raktažodžiai: sales contract, poor quality, advance payment, cancellation of contract, disproportionate remedy
  • Direktyvos straipsniai
    Consumer Sales and Guarantees Directive, Article 2
  • Įžanginė pastaba

    A consumer who has chosen one of the remedies available to a consumer who has bought an item of poor quality, specifically to request the repair of defects, cannot additionally defend his infringed rights by other means of redress, specifically to terminate the contract and apply restitution.

  • Faktai

    Plaintiff (consumer) and UAB “NI projektai” (entrepreneur) entered into a construction contract, according to which the company was supposed to build a geothermal heating system in the plaintiff’s house. Along the construction process, various failures occurred which the company fixed. Plaintiff, still unhappy with the quality of work, terminated the contract and asked the Court to order the defendant to refund the advance payment and to disassemble the geothermal heating system installed. The First Instance Court dismissed the action.

  • Teisės klausimas

    Can a consumer who has chosen one of the remedies available to a consumer who has bought an item of poor quality, specifically to request the repair of defects, also defend his infringed rights by other means of redress, specifically to terminate the contract and apply restitution?

  • Sprendimas

    Having assessed the established circumstances, the Appellate Court agrees with the finding of the Court of First Instance that such actions of the plaintiff (requirement to repair the heating system free of charge) meant that she chose to defend her violated rights and expressed her will to defend her rights by requiring the defendant to repair defects (Civil Code art. 6.334 paragraph 1, part 3). The deficiencies of the heating system have been eliminated; therefore, the plaintiff can no longer defend her violated rights by other means of protection of the buyer's rights specified in Article 6.334 (1) of the Civil Code, i.e., the plaintiff can no longer demand termination of the contract and restitution, demand to oblige the defendant to clear the house and land owned by the plaintiff from the defendant's objects and materials installed (buried) in this house, land and its depths, and to tidy up the environment. Unilateral termination of the contract in the present case is a disproportionate and inadequate means of redress for the plaintiff.

    URL: https://eteismai.lt/byla/50488885828581/e3K-3-239-378/2019?word=teism%C5%B3%20nutartys%20lat

    Visas tekstas: Visas tekstas

  • Susijusios bylos

    Rezultatų nėra

  • Teisinė literatūra

    Rezultatų nėra

  • Rezultatas

    The Court left the decision of the First Instance Court unchanged.