Sodna praksa

  • Podatki o zadevi
    • Nacionalna ID: High Court, Judgement II Cp 219/2021
    • Država članica: Slovenija
    • Splošno ime:N/A
    • Vrsta odločbe: Sodna odločba v pritožbenem postopku
    • Datum odločbe: 09/03/2021
    • Sodišče: Višje sodišče v Ljubljana
    • Zadeva:
    • Tožnik:
    • Toženec:
    • Ključne besede: guarantee, consumer rights, contract, proof of negligence
  • Členi direktive
    Consumer Sales and Guarantees Directive, Article 1
  • Uvodna opomba

    ECLI:SI:VSLJ:2021:II.CP.219.2021

    The Court of First Instance correctly summarised the warranty for the plaintiff's telephone, which states that due to the warranty repair of the product, the warranty period is extended by as many days as the repair of the device, and the extension is claimed together with the apparent duration of the repair in accordance with Directive 1999/44/EC.

    Relevance: The judgement explains for how long the warranty extends when the product is being repaired in accordance with Directive 1999/44/EC.

  • Dejstva

    The consumer bought a phone from the seller. The telephone was causing the consumer problems, as it switched independently from Slovenian to Croatian telephone network. The salesman advised him to take the phone for repair. They did not mage to fix the telephone. On 17 August 2017, the consumer did not want to pick up the phone because, despite the fact that the device had been in repair for more than 45 days, the seller did not want to extend the warranty. The consumer considers that he is entitled to compensation for the entire damage, not just up to EUR 67.10, as granted to him by the Court of First Instance. The consumer demands 400 euros, which covers the phone value, memory card value and travel expenses.

  • Pravna zadeva

    For how long is the warranty extended when the product is being repaired in accordance with Directive 1999/44/EC?

  • Odločba

    The Court of Appeal confirms the finding of the Court of First Instance that on 17 August 2017, when the plaintiff arrived at the defendant's branch, he should have taken the telephone, even if the guarantee had not been extended. The Court of First Instance correctly summarised the warranty for the plaintiff's telephone, which states that due to the warranty repair of the product, the warranty period is extended by as many days as the repair of the device, and the extension is claimed together with the apparent duration of the repair. This means that after taking over the telephone, the plaintiff could claim an appropriate extension of the guarantee from the guarantor upon submission of the relevant documentation (guarantee certificate and service documentation). However, it does not follow from that record that the guarantee should be extended by a person other than the guarantor. According to the Court of Appeal, the Court of First Instance correctly and completely established the facts.

    URL: http://www.sodnapraksa.si/?q=id:2015081111448139&database[SOVS]=SOVS&database[IESP]=IESP&database[VDSS]=VDSS&database[UPRS]=UPRS&_submit=i%C5%A1%C4%8Di&page=0&id=2015081111448139

    Celotno besedilo: Celotno besedilo

  • Povezane zadeve

    Zadetki niso na voljo

  • Pravna literatura

    Zadetki niso na voljo

  • Zadetek

    The Court dismissed the appeal and upheld the challenged judgement.