European e-Justice Portal - Case Law
Close

BETA VERSION OF THE PORTAL IS NOW AVAILABLE!

Visit the BETA version of the European e-Justice Portal and give us feedback of your experience!

 
 

Navigation path


menu starting dummy link

Page navigation

menu starting dummy link

Case Details

Case Details
National ID link
Member State Italy
Common Name Comitato difesa consumatori v. Fiat Auto S.p.A. e altro
Decision type Other
Decision date 16/04/1999
Court Tribunale
Subject
Plaintiff
Defendant
Keywords

Unfair Contract Terms Directive, Article 1, 1. Unfair Contract Terms Directive, Article 2 Unfair Contract Terms Directive, Article 3, 1.

The Tribunale di Torino has confirmed the legal standing of the consumer association to seek an injunction for the protection of the consumers’ interests under the article 1469-sexies of the Italian Civil Code.
In particular, the judge has stated that the consumer association may obtain an injunction against the manufacturer that has “only” suggested to its distributors the adoption of such terms in the standard contracts of car sale.
The Comitato difesa consumatori sued Fiat S.p.a. and its distributors Sogea S.p.a. e Progetto S.p.a. before the Tribunale di Torino.
The consumer association was seeking an injunction to inhibit the adoption of certain unfair terms in the standard contracts of car sale.
Fiat S.p.a. claimed that it has only “suggested” the adoption of these terms but that its distributors were free to use them or not in the individual contracts.
The judge granted the Comitato difesa consumatori an injunction under the art. 1469-sexies of the Italian Civil Code.
The article 1469-sexies of the Italian Civil Code gives the legal standing to the consumers associations’ to act for the protection of the consumers’ interests.
As for such article, craft and trade chambers and the associations, representing consumers and professional workers, may avail themselves of an action for an injunction.
Accordingly to the decision of the Tribunale di Torino, the Comitato difesa consumatori has legal standing to obtain an injunction towards Fiat S.p.A. This because the car manufacturer has suggested to its distributors to adopt its standard forms of car sales including unfair clauses.
In the same decision, the Tribunale di Torino has declared unfair the clause upon which, if the consumer does not pay the instalments within two weeks from the date indicated in the sale contract, the car manufacturer is entitled to resign from contract and retain the deposit.
In particular, the decision stated that the consumer should have the same right provided to the professional concerning the cancellation from the contract and the possibility to retain the deposit.
The Tribunale di Torino has concluded that is also unfair the clause that excludes the application of the general warranty of the article 1490 of the Italian Civil Code upon which the products should be fit to the use to which commodities of the same type habitually serve and they should possess the qualities declared by the manufacturer.
At this regard, it is not sufficient that the car manufacturer undertakes in the contract to provide the consumer the free repair or replacement of the defective car.
The same applies to the terms that are excluding, or reducing, the warranty of proper functioning provided by the article 1512 of the Italian Civil Code (i.e. “garanzia di buon funzionamento”).
Full Text: Full Text

No results available

No results available