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Case Details

Case Details
National ID 3-2-1-11-2010
Member State Estonia
Common Name Artur Melnitsenko v. VARIETAS Ltd
Decision type Other
Decision date 30/03/2010
Court Riigikohus (Supreme court)
Subject
Plaintiff
Defendant
Keywords

Consumer Sales and Guarantees Directive, Article 3, 5.

The case concerns art. 3(5) of the Directive 99/44 and § 223 of the Law of Obligations Act.
Art. 3 (5) of The Directive 99/44 states that the consumer may require an appropriate reduction of the price or have the contract rescinded:
- if the seller has not completed the remedy within a reasonable time.
Also § 223 of the Law of Obligations Act states that the buyer may have the contract rescinded if the seller has not completed the remedy within a reasonable time (this is considered as a significant violation of the contract).
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