• Dane sprawy
    • Identyfikator krajowy: III CZP 50/2011
    • Państwo członkowskie: Polska
    • Nazwa zwyczajowa:Klaudia R. v. Anna K.
    • Rodzaj decyzji: Inne
    • Data decyzji: 14/10/2011
    • Sąd: Sąd Najwyższy
    • Temat:
    • Powód/powódka:
    • Pozwany/Pozwana:
    • Słowa kluczowe:
  • Artykuły dyrektywy
    Consumer Sales and Guarantees Directive, Article 1, 1.
  • Uwaga główna
    The liability of a commission agent being an entrepreneur for legal defects of goods sold to a consumer are applicable the provisions of the Act of 27 July 2002 on special conditions of consumer sale and amendments to the Civil Code (Dz.U.2002.141.1176 with amend.).
  • Fakty
    The defendant commission agent Anna K. sold on 12 February 2005 to a plaintiff Anna K., a car belonging to Rafał C against a price of 27 900 zlotys. At a moment of concluding a sales contract parties did not recognise any defects of a sold car or any lack of conformity with an agreement.
    The criminal proceedings against the car owner Rafał C. revealed on 26 November 2009 that the sold car consisted in fact of the three cars. Into the bodywork of the sold car were which were installed a significant number of elements from two other stolen cars of the same brand ant type. On a request of the authority leading a investigation the car was deposited.
    Because of car defect, which was unknown to a buyer Anna K. withdrawn a sale contract on 15 February 2010, in a form of a written declaration and on 27 April 2010 she filed, based on provisions of Art, 560 § 2 PlCC , a lawsuit for reimbursement of an amount of 20 000 zlotys. The Court of First Instance rejected the claim. According to the Court pursuant to art 7701 PlCC the claim should base on provisions of the Act of 27 July 2002 on special conditions of consumer sale (further: CSA).
    The plaintiff made an appeal from the judgment. The Court of Second Instance conceived serious doubts and directed a legal question to a Supreme Court. The court of Second Instance doubts whether in a case when a consumer goods has legal defects, applies provisions of a Civil Code regulating in Art 556§ 2 warranty for legal defects or provision of an Act on Consumer Sales, where liability for legal defects, according to the Court, is not specifically regulated.
  • Zagadnienie prawne
  • Decyzja

    The Supreme Court considered a legal question concerning in fact interpretation of law. The Supreme Court stated that provision of art 1.4. CSA provides without doubts that regulation of a liability for unconformity of consumer goods is covered by provisions of the CSA instead of provisions of PlCC. The provision states that for non-conformity of consumer goods with a contract, provisions of Art 556 -581 PlCC (regulating warranty for defects on sale) are not applicable. Provisions of the Civil Code dedicated to warranty for defects by sale apply to consumer sale to the extend not covered by the CSA.
    In the case we are dealing with a consumer sale under the circumstances of commission sale. Art 7701 PlCC provides verbatim that the provision on consumer sale apply to a contract for a sale of a movables concluded between commission agent and a consumer, defining as a natural person who acquires goods for a purpose unrelated directly to his business or professional activity.
    Although the definition of non-conformity of goods does not distinguish physical and legal non-conformity with a contract, the most of the legal doctrine adapts that the term “non-conformity of the goods with a contract” covers both categories of non-conformity - physical and legal defects of consumer goods. Hence, provisions of CSA apply in case of legal defects of consumer goods. The Directive 1999/44/EC sought to strengthen a consumer protection and legal liability for non-conformity of legal goods with a contract.

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