Sodna praksa

  • Podatki o zadevi
    • Nacionalna ID: High Court, Judgement I Cpg 806/2020
    • Država članica: Slovenija
    • Splošno ime:N/A
    • Vrsta odločbe: Sodna odločba v pritožbenem postopku
    • Datum odločbe: 22/06/2021
    • Sodišče: Višje sodišče v Ljubljani
    • Zadeva:
    • Tožnik:
    • Toženec:
    • Ključne besede: guarantee, consumer rights, contract, consumer protection
  • Členi direktive
    Consumer Sales and Guarantees Directive, Article 1
  • Uvodna opomba

    ECLI:SI:VSLJ:2021:I.CPG.806.2020

    The guarantee for the flawless operation of the sold item is regulated in paragraph 1 of Article 481 of the Code of Obligations. Pursuant to this article, the seller of a machine, engine, appliance, or other similar item belonging to the so-called technical goods must hand over to the buyer a warranty card with which the manufacturer guarantees the faultless operation of the item within a certain time. The warranty period runs from the moment the item is delivered to the buyer. If the item does not work properly, the buyer may, in accordance with Article 482 (1) of the Code of Obligations, request both the seller and the manufacturer repair it within a reasonable time or, failing that, to hand over a replacement item that works flawlessly instead. If the item does not work properly, the buyer may, within the warranty period, request the seller or the manufacturer to repair or replace the item, regardless of when the malfunction occurred. If the buyer does not assert the claim for repair (or replacement) of the item that does not work properly by the expiration of the warranty period, the expiration of the warranty period terminates the seller's or manufacturer's liability under the warranty for faultless operation. Therefore, the buyer loses his right to demand anything from the seller or the manufacturer on the basis of this responsibility.

    Relevance: The judgement points out the importance of the warranty period - when it starts to run and when it expires. It also draws attention to the importance of criticising defects during the warranty period in accordance with Directive 1999/44 / EEC.

  • Dejstva

    The consumer and the seller entered an oral sales contract. On that basis, the applicant (seller) was required to supply the defendant (consumer) with air conditioners and the defendant to pay a purchase price for them. The defendant pays EUR 2,500.00 to the applicant. It is disputed between the parties whether the defendant is obliged to pay the plaintiff the remainder of the purchase price in the amount claimed. In regard to that, the defendant claims that the applicant supplied the air conditioners with defects (one spare part was missing). According to the defendant, the applicant was aware of the complaint, but the defendant claims that the applicant did not supply the relevant spare part and therefore considers that the applicant is not entitled to the balance of the payment.

  • Pravna zadeva

    Whether the defendant, as the buyer, informed the plaintiff as the seller (in due time) of the alleged existence of errors.

  • Odločba

    Pursuant to the first paragraph of Article 481 of Obligations Code (guarantee for the flawless operation of the sold item) and the first paragraph of Article 482 of Obligations Code, if the sold good is a machine, engine, appliance or other similar items that belong to the so-called technical goods, the seller must give the buyer a guarantee certificate with which the manufacturer guarantees the faultless operation of the good within a certain period of time, counted from the date of its delivery to the buyer. When the good for which the warranty is issued does not work flawlessly within the warranty period, the buyer may request both the seller and the manufacturer repair the thing within a reasonable time or if he fails to do so, to replace the good with one that works flawlessly. If the buyer does not assert the claim for repair (or replacement) of the item that does not work properly by the expiration of the warranty period, the expiration of the warranty period terminates the seller's or manufacturer's liability under the warranty for faultless operation and therefore the buyer loses his right to demand anything from the seller or the manufacturer on the basis of this responsibility. In the case at hand, the buyer (consumer) did not assert the claim for repair of the item before the expiration of the warranty period. Hence, the seller's or manufacturer's liability under the warranty for faultless operation expired and therefore the buyer lost his right to demand anything from the seller or the manufacturer on the basis of this responsibility.

    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 judgement under appeal.
    • Each party shall bear its own costs of the appeal proceedings.