Case law

  • Case Details
    • National ID: First Hall, Judgement No: 892/2016
    • Member State: Malta
    • Common Name:Doreen Baldacchino vs Auto Sales Limited
    • Decision type: Court decision, first degree
    • Decision date: 07/12/2021
    • Court: Fil-Prim’ Awla tal-Qorti Civili
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords: B2C, consumer rights, legal rights, conformity
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 5
  • Headnote

    ECLI:MT:CIVP:2021:129591

    The defendant raised the claim that the consumer had brought a claim under the Civil Code and in terms of the Consumer Affairs Act, however the two codes provide for a different prescriptive period. The Court noted the same and stated that under the Consumer Affairs Act, the plaintiff would have benefitted from better protection and a longer prescriptive period. However, the Court also noted that the plaintiff’s claim did not specifically rest on the provisions of the Consumer Affairs Act and that, therefore, the prescriptive period under the Civil Code is what applies.

  • Facts

    The plaintiff had purchased a vehicle from the defendant company. However, the car developed numerous issues which were not fixed by the defendant. The issue of prescription arose. The defendant raised the claim that the consumer had brought a claim under the Civil Code and in terms of the Consumer Affairs Act, however the two codes provide for a different prescriptive period. The Court noted the same and stated that under the Consumer Affairs Act, the plaintiff would enjoy a longer prescriptive period.

  • Legal issue

    How does the Court determine whether it is the prescriptive period available in terms of the Consumer Affairs Act that is applicable?

  • Decision

    Since the claim raised falls within the disposition of the parties, and the plaintiff chose to bring a claim in terms of the provisions of the Civil Code and not those of the Consumer Affairs Act, the Court has to respect the decision of the parties.

    URL: https://ecourts.gov.mt/onlineservices/Judgements/Details?JudgementId=0&CaseJudgementId=129591

    Full text: Full text

  • Related Cases

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  • Legal Literature

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  • Result

    The Court found that the car had a latent defect and ordered the defendant to pay the plaintiff €17,200.