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Case Details

Case Details
National ID 3-2-1-23-2010
Member State Estonia
Common Name Raul Heno v. Nemm Auto Ltd.
Decision type Other
Decision date 07/04/2010
Court Riigikohus (Supreme court)
Subject
Plaintiff
Defendant
Keywords

Consumer Sales and Guarantees Directive, Article 2, 2.

The case concerns art. 2 (2) clause (d) of the Directive 99/44 and § 217 (2) point 6 of the Law of Obligations Act.
The appellant (Raul Heno) concluded leasing contract with the Hansa Leasing Estonia Ltd on May 25, 2007. The object of the leasing contract was used personal car Audi A6, which was brought from Italy by the respondent. Four months later the engine of the car stopped to work because there was blockage in system. The blockage was caused by pine thorns originally came from Italy.

The Civil Board of the Supreme Court of Estonia found that according to the § 217 (2) point 6 of the Law of Obligations Act the car had to 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.

The Court founded that the car delivered to the appellant was not in conformity with the contract when it had hidden defects which the consumer can´t reasonably expect.
Reasons of the Civil Board of the Supreme Court of Estonia:

Art. 2 (2) clause (d) of The Directive 99/44 states that consumer goods are presumed to be in conformity with the contract if 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.

Similarly § 217 (2) point 6 of the Law of Obligations Act states that consumer goods are not in conformity with the contract if they do not 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.
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