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Case Details

Case Details
National ID 2858D/2010
Statul membru România
Common Name link
Decision type Altele
Decision date 12/07/2011
Instanţa Curtea Constituţională
Obiect
Reclamantul
Pârâtul
Cuvinte-cheie

Consumer Sales and Guarantees Directive, Article 6 , 2.

The Constitutional Court of Romania held that art. 20(1) of 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.
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.
The Constitutional Court of Romania ruled as follows:
• The Court is not competent to interpret the European legal provisions or to decide if a national law is compatible with the European legal provisions. These attributions belong to the national courts of Romania, which can refer to the Court of Justice of the European Union for a preliminary ruling in this respect.
• The art. 20(1) of the Law no. 449/2003 complies with the requirements of clarity, precision and predictability imposed by the legislation in force and by the case law of the European Court of Human Rights.
• The art. 20(1) of the Law no. 449/2003 complies with the provisions of the Constitution of Romania.
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