Case law

  • Case Details
    • National ID: RG 2242/2007
    • Member State: Italy
    • Common Name:F.N. (c.f. ...) e B.V. (c.f. ...) vs. CESANA CARAVAN S.R.L
    • Decision type: Other
    • Decision date: 04/03/2010
    • Court: Tribunale (Court of first instance, Lecco)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 3, 1.
  • Headnote
    If the good does not have the normal quality, the consumer can terminate the sales contract.
  • Facts
  • Legal issue
    The court grants the contract termination since the goods did not have the normal quality (perfect waterproofing) which obviously results in restitution obligations between the parts; therefore the seller has to refund the price, in addition to interests and the purchaser has to return the goods which was object of the sales agreement.
  • Decision

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  • Result