Consumer Sales and Guarantees Directive, link Consumer Sales and Guarantees Directive, Article 1

ECLI:BE:CASS:2022:ARR.20220106.C.21.0165.N

The Civil Code requires the seller to deliver the goods in conformity with the contract. In the case of a non-compliant delivery, the buyer may withdraw from the contract. The buyer who rejects the delivery must do so as soon as possible. The buyer who accepts the delivery can no longer bring an action on the basis of non-compliant delivery unless his action is based on hidden defects in accordance with Article 1648 Civil Code. However, the latter action must be brought to court in short notice. In this case, the Court of Appeal rejected the claim based on Article 1648 Civil Code since the action was brought to court too late, but declared the claim based on non-compliant delivery admissible and founded since no particular notice period applied.

The claimants bought a house. A few months after the sale took place the owners applied for a building permit to build a carport. At that time, they were informed that the rear extension of the house was built without a building permit and that regularisation was only possible by demolishing the unlicensed building. They brought claims against the seller based on hidden defects and non-compliant delivery.

Is the claim based on non-compliant delivery of the general provisions of the Civil Code subject to a short notice period?

The Supreme Court annuls the judgement of the Court of Appeal where it states that the claim based on the lack of conformity is not subject to a short period within which the claim must be brought to court.

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The Supreme Court annuls the judgement and submits that a claim based on the general provisions of the Civil Code for non-compliant delivery must also be brought to court within a short period.