Sodna praksa

  • Podatki o zadevi
    • Nacionalna ID: VSC0004171
    • Država članica: Slovenija
    • Splošno ime:N/A
    • Vrsta odločbe: Sodna odločba v pritožbenem postopku
    • Datum odločbe: 27/08/2015
    • Sodišče: Višje sodišče v Celju (civilni oddelek)
    • Zadeva:
    • Tožnik: Unknown
    • Toženec: Unknown
    • Ključne besede: cancellation of contract, conformity with the contract, consumer rights, notification, sales contract
  • Členi direktive
    Consumer Sales and Guarantees Directive, link Consumer Sales and Guarantees Directive, Article 3, 2.
  • Uvodna opomba
    (1) A consumer who receives a defected good may terminate a contract
    (2) It is not required that the specific conditions pursuant to which the consumer may only terminate a contract if he gives the seller an appropriate time frame for the performance of the contract are fulfilled in order to assert this claim.
  • Dejstva
    The plaintiff has purchased a kitchen which had some material defects. The defendant therefore agreed to repair it. Because the repair lasted for more than 45 days, the plaintiff demanded a new kitchen which the defendant refused. As a result, the plaintiff terminated the contract and requested to be reimbursed the entire purchase price. The defendant objected that the plaintiff had no right to terminate the contract, as the conditions for termination were not fulfilled.
  • Pravna zadeva
    (1) When can a consumer terminate a contract?
    (2) Can a consumer terminate a contract without giving the seller an appropriate time frame to perform the contract?
  • Odločba

    The court found that the termination of the contract and the request for the return of the purchase price were justified, as the defendant did not remedy the defect, as had been requested by the plaintiff. The plaintiff had the right to terminate the contract as soon as the conditions of a seller's liability for material defects were fulfilled and when the defects were notified to the seller in a timely manner. Finally, the court established that the plaintiff had the right to terminate the contract, as an alternative remedy, when requesting the repair to be made by the seller. The court rejected the defendant claims that specific conditions pursuant to which the consumer may only terminate a contract if he gives the seller an appropriate time frame for the performance of the contract need to be fulfiled in order to assert this claim.

    URL: http://www.sodnapraksa.si/?q=id:2015081111387051&database%5bSOVS%5d=SOVS&database%5bIESP%5d=IESP&database%5bVDSS%5d=VDSS&database%5bUPRS%5d=UPRS&_submit=išči&page=0&id=2015081111387051

    Celotno besedilo: Celotno besedilo

  • Povezane zadeve

    Zadetki niso na voljo

  • Pravna literatura

    Zadetki niso na voljo

  • Zadetek
    The plaintiff's request was granted.