Jurisprudence

  • Informations concernant l’affaire
    • ID national: Court of Cassation, Judgement 19-13.260
    • État membre: France
    • Nom commun:N/A
    • Type de décision: Décision de la Cour suprême
    • Date de la décision: 03/02/2021
    • Juridiction: Cour de cassation
    • Objet:
    • Demandeur:
    • Défendeur:
    • Mots clés: sales contract, seller, consumer rights, legal guarantee, conformity, supplier
  • Articles de la directive
    Consumer Sales and Guarantees Directive, Article 4 Consumer Sales and Guarantees Directive, Article 4
  • Note introductive

    ECLI:FR:CCASS:2021:CO00100

    Headnote: The interest of the annotated decision is to indicate that in the context of an international sale of goods, the basis for a recourse action is the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980, and not the legal guarantee of conformity. The final seller should therefore pay close attention to the time limit for enforcing the guarantee against the manufacturer or supplier, as Article 39 CISG applies, according to which the right to rely on a lack of conformity lapses after two years from the date on which the goods were actually handed over (i.e. from delivery to the consumer)

  • Faits

    An Italian company (CMC) sold products to the company Malet Matériaux, which then the company Bois et Matériaux (the seller) took over, and resold them in France to buyers. The buyers claimed that the tiles had micro-scratches and sued their seller (the company Bois et Matériaux) for compensation for their loss, who called CMC (the supplier) as guarantor.

  • Question juridique

    In the context of an international sale of goods, is the recourse action based on the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 or the legal guarantee of conformity?

  • Décision

    The final seller's recourse action against the supplier is admissible under Article 4 of Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees. According to Article 39 of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG), the buyer is deprived of the right to rely on a lack of conformity if he does not give notice of the lack of conformity within two years from the date on which the goods were actually delivered to him.

    URL: www.legifrance.gouv.fr/juri/id/JURITEXT000043106218?isSuggest=true

    Texte intégral: Texte intégral

  • Affaires liées

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  • Doctrine

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  • Résultat

    The Court of Cassation decides that the Court of Appeal, when seized of a recourse action by the final seller against his own seller, states that the provisions of Article 39 do not apply to such a recourse action, which is based not on the lack of conformity itself, but on the action brought by the consumer against the final seller, who has violated this Article.