The claimant, a Romanian company, argued that the provisions of the article 20(1) of Law no. 449/2003 do not comply with the Constitution of Romania and do not correctly implement the provisions of the Directive no. 1999/44/CE. Thus, the European Directive provides that the warrantee certificate should inform the consumer of his rights, but the Romanian law that implements the directive mentioned above does not provide such rights also. Moreover, the claimant argues that the provisions of art. 20(1) of the Law no. 449/2003 are not clear, precise and predictable enough.
The Constitutional Court of Romania rejected the unconstitutionality exception invoked by the claimant and ruled that art. 20(1) of the Law no. 449/2003 complies with the provisions of the Constitution of Romania and complies with the requirements of clarity, precision and predictability imposed by the legislation in force.