Under the Art. 129, par. 1, of the Italian Consumer Code, consumer goods are presumed to be in conformity with the contract if, where appropriate, the following circumstances exist:
a) they are fit for the purposes for which goods of the same type are normally used;
b) they comply with the description given by the seller and possess the qualities of goods which the seller has held out to the consumer as a sample or model;
c) they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling;
d) they are fit for any particular purpose for which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted, also implicitly;
The judgment concerns the application of the Art. 130 of the of the Italian Consumer Code. According to the article and to the decision here considered, at his discretion, the consumer may require an appropriate reduction of the price or have the contract rescinded in one of the following situations: a) repair or replacement are impossible or disproportionate; b) if the seller has not completed the remedy within a reasonable time or replaced the goods within the appropriate time; c) the replacement or repair carried out previously caused significant inconvenience to the consumer. The seller is liable under Article 130 where the lack of conformity becomes apparent within two years as from delivery of the goods.
In the case here examined, the judge applied the Art. 130 of the of the Italian Consumer Code and concluded for the resolution of the contract because the seller refused to repair the good. The Giudice di Pace di Bologna has also awarded the consumer a damage to compensate the stress and the waste of time caused by the malfunctioning of the mobile phone.