Case law

  • Case Details
    • National ID: 393/2008
    • Member State: Spain
    • Common Name:Bruno v. “A., S. A. L.”
    • Decision type: Other
    • Decision date: 09/05/2008
    • Court: Tribunal Supremo (Supreme court)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Doorstep Selling Directive, Article 1, 1. Doorstep Selling Directive, Article 1, 2. Doorstep Selling Directive, Article 1, 3. Doorstep Selling Directive, Article 1, 4. Doorstep Selling Directive, Article 5
  • Headnote
    The responsibility for proving that the contract took place away from commercial premises lies with the consumer. However, assessed the result of the proving by the Court(s) of Instance, the Supreme Court must accept this assessment and cannot look through it again.
  • Facts
    On 18 October 1999, the plaintiff signed a contract with the defendant for the latter to provide a tractor “New Holland” to the former, who gave in exchange the old tractor that he owned. The plaintiff renounced the effects of his undertaking by sending notice to the defendant within the period of seven days that art. 5 of the Law 26/1991 stipulates for the exercise of the renounce. However, the defendant retained the vehicle and refused to accept the renounce alleging that Law 26/1991 was not applicable to this case. The court considered that Law 26/1991 was indeed of application and therefore, according to art. 6, the old tractor should be returned to his legitimate owner.
  • Legal issue
    The court estimated that the case was within the scope of application of Law 26/1991 (art. 1), not only because the defendant recognized that the contract was signed in the plaintiff’s farm, but also because the commercial agent acting on his behalf gave to the latter a catalogue with the description of the tractor, fact which remains contradictory with the defendant’s statement that assures that the plaintiff had already visited in several times the dealership in order to check the vehicle object of the sale agreement.
  • Decision

    Full text: Full text

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