Case law

  • Case Details
    • National ID: Court of Appeal, Judgement No: 710/2012/2
    • Member State: Malta
    • Common Name:Charles Azzopardi vs J.C.R. Limited
    • Decision type: Court decision in appeal
    • Decision date: 28/04/2021
    • Court: Qorti tal-Appell
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords: B2C, guarantee, professional diligence, consumer rights
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 5
  • Headnote

    ECLI:MT:ACIV:2021:126505

    In terms of article 73 of the Consumer Affairs Act, a trader must supply the consumer with goods that are in conformity with the sales contract entered into. The goods must, inter alia, be of the description, type and quality, and possess the functionality as required by the sales contract, as well as be fit for any particular purpose for which the consumer requires them and the purpose for which the consumer made known to the trader at the time of the conclusion of the sales contract. This article is, therefore, ensuring that whatever is sold to the consumer conforms to the quality that is guaranteed by the trader. Furthermore, any claims raised by a consumer against a trader are barred by the lapse of 2 years. However, these two years may be suspended for the duration of negotiations carried out between the trader and the consumer with the purpose of reaching an amicable settlement.

  • Facts

    This is a decision by the Court of Appeal on the issue of prescription that was raised by the defendant. The plaintiffs asked the defendant to carry out some works, including putting liquid membrane around the pool area at their residence. However, cracks and blistering could be seen in the membrane. The defendants were asked to remedy the defects, but to no avail, and it turned out that the liquid membrane was defective. As a result, the plaintiffs brought an action against the defendant, claiming that the works done were not performed in line with the required professional diligence, and that the liquid membrane had a latent defect and was of an inferior quality. Therefore, the plaintiffs wanted to rescind the contract that had been entered into. Furthermore, since the case is based on the provisions of the Consumer Affairs Act, the defendant (as the trader) is liable to the consumer for any lack of conformity which exists at the time when the goods were delivered, and which becomes apparent within two years of that time.

  • Legal issue

    What is the prescriptive period applicable to a consumer contract?

  • Decision

    When a good sold is not of the same type of quality as agreed to in the sales contract between a trader and a consumer, this means that that good and/or its characteristics do not correspond with what was agree to between the trader and the consumer.

    URL: https://ecourts.gov.mt/onlineservices/Judgements/Details?JudgementId=0&CaseJudgementId=126505

    Full text: Full text

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  • Result

    The court upheld the claims of the plaintiffs in part, agreeing that the case is based on article 73 of the Consumer Affairs Act and asked the first court to decide the case on the merits.