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Uppgifter om ärendet
- Nationellt id-nummer: Supreme Court, Judgement T 4494-20
- Medlemsstat: Sverige
- Vedertaget namn:N/A
- Beslutstyp: Beslut av högsta domstolen
- Beslutsdatum: 15/07/2021
- Domstol: Högsta domstolen
- Ämne:
- Kärande:
- Svarande:
- Nyckelord: Conformity, sales contract, consumer rights

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Direktivartiklar

Consumer Sales and Guarantees Directive, Article 2 Consumer Sales and Guarantees Directive, Article 3
Huvudanmärkning

The fact that a trader repurchases a product that was not in conformity with the contract at the time of the purchase does not automatically mean that the consumer loses his/her rights provided for by consumer legislation, such as the one of price reduction. For that to be the case, it has to become apparent in the contract that the parties have agreed that any differences arising by the original agreement are also being settled.
Omständigheter

The plaintiff bought a used car from the defendant for 460 000 SEK. After a while, he found that the mileage indicator at the time of the purchase was not showing the correct mileage. The plaintiff informed the defendant and the defendant offered to buy the car back for 350 000 SEK. The plaintiff accepted the offer. Later, he sued the defendant and asked for 72 150 SEK as price reduction or damages on the basis that the car was not in conformity at the time of purchase and when the defendant bought the car back, he made a loss of 110 000 SEK. The 72 150 SEK, according to the plaintiff, represents the loss he made minus the amount representing the use he had made of the car. The defendant claimed that when they bought back the car, the parties also agreed that any differences between the parties were also being settled.

The Court of First Instance dismissed the plaintiffs claim while the Court of Appeal decided that the consumer still had the right to price reduction. The defendant appealed in the Supreme Court.
Juridisk fråga

Can a consumer claim a price reduction even after he/she agreed with the trader that the latter will repurchase the product that was not in conformity with the contract at the time of the purchase?
Beslut

The plaintiff, since he purchased a product that was not in conformity with the contract, may in principle still enact the rights given to him by the Consumer Sales Act even if the defendant bought back the car since it was not apparent from the contract that the parties had clearly agreed on the matter as to whether such repurchase also meant that all differences between the parties were settled.

URL: https://www.domstol.se/globalassets/filer/domstol/hogstadomstolen/avgoranden/2021/t-4494-20.pdf

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Resultat

The Supreme Court upheld the decision of the Court of Appeal.

Rättspraxis

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