Sodna praksa

  • Podatki o zadevi
    • Nacionalna ID: VSL0076207
    • Država članica: Slovenija
    • Splošno ime:N/A
    • Vrsta odločbe: Sodna odločba v pritožbenem postopku
    • Datum odločbe: 28/01/2015
    • Sodišče: Višje sodišče v Ljubljani (civilni oddelek)
    • Zadeva:
    • Tožnik: Unknown
    • Toženec: Unknown
    • Ključne besede: conformity with the contract, judicial recourse, notification, price reductions, service contract
  • Členi direktive
    Consumer Sales and Guarantees Directive, link Consumer Sales and Guarantees Directive, Article 3, 2.
  • Uvodna opomba
    (1) A consumer has the right to request a price reduction.
    (2) A consumer holds this right without the need for judicial intervention.
  • Dejstva
    The defendant delivered blinds to the plaintiff that were not in conformity with the contract and refused to reduce the price, asserting that different rules for notifying a material defect apply in a relationship to a service provider as opposed to a seller. Furthermore, the defendant argued that the contract between the parties was not terminated, and that therefore the legal basis for the payments still exists so it is not clear on what basis the defendant was allegedly enriched.
  • Pravna zadeva
    (1) Can a consumer claim a price reduction?
    (2) Does a reduction of price require judicial intervention?
  • Odločba

    The court found that in the case of material defect, a consumer may assert his claims against a service provider in the same manner as against a seller.The consumer cann in any event, assert his rights arising from a material defect, provided that he notifies the seller about the defect within two months from the discovery of the defect. The plaintiff also notified the defendant of the defect in a timely manner. The court rejected the defendant’s request for appeal because the plaintiff sufficiently proved that there has been an overpayment of the purchased goods. The court also found that one of the rights of the consumer is to request the reduction of the price, and the consumer holds this right without the need for judicial intervention. The consumer who properly informs the trader about the defect has the right to request the reduction of price already by the operation of law.


    Celotno besedilo: Celotno besedilo

  • Povezane zadeve

    Zadetki niso na voljo

  • Pravna literatura

    Zadetki niso na voljo

  • Zadetek
    The defendant's request was denied.