Case law

  • Case Details
    • National ID: V.L.D. 6. februar 2009 i anke 8. afd. B-0877-08
    • Member State: Denmark
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 06/02/2009
    • Court: Western High Court
    • Subject:
    • Plaintiff: Jan Juhl Gravgaard Pedersen
    • Defendant: Tang Biler A/S
    • Keywords: cancellation of contract, consumer, cure, reasonable time
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 2, 1. Consumer Sales and Guarantees Directive, Article 3, 2. Consumer Sales and Guarantees Directive, Article 3, 3. Consumer Sales and Guarantees Directive, Article 3, 5. Consumer Sales and Guarantees Directive, Article 3, 5., - Consumer Sales and Guarantees Directive, Article 3, 5., -
  • Headnote
    The plaintiff could terminate a sales contract as the defendant had not cured the defect within a reasonable time and without significant inconvenience to the plaintiff.
  • Facts
    On 16 September 2005, the plaintiff bought a used car that had already driven 218.000 km. During the following winter, the car had trouble starting and sometimes could not start at all. From October to January, the defendant unsuccessfully tried to cure the defect seven times. This was of great inconvenience to the plaintiff as he needed the car to get to work.
  • Legal issue
    The court ruled that the periodical inability to start was a substantial defect, despite the car being used and the problem only occurring in freezing temperatures.

    The court found that the plaintiff was entitled to terminate the contract in accordance with Section 78(4) of the Sale of Goods Act, as the defendant had not been able to cure the defect within a reasonable time and without significant inconvenience to the plaintiff.
  • Decision

    Could the plaintiff terminate a sales contract due to the defendant not having repaired the defect within a reasonable time and without significant inconvenience to the plaintiff?

    Full text: Full text

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  • Result
    The plaintiff’s request was granted.