It was found in the court of first instance that the replacement of the component was necessary for the functioning of the exhaust system, but the part exchanged was not a part covered by the guarantee. Thus the claim was dismissed.
The Court of Appeal came to the same conclusion (there was also a procedural question which has no relevance in this connection.
The Supreme Court, however, came to the opposite result finding that the warranty was a warranty regarding the function of the system. The court went through the various clauses and the legislation being the basis and thus found that the manufacturer had undertaken to deliver a car with a system that would function during the period undertaken.
Hela texten: Hela texten