Case law

  • Case Details
    • National ID: U.2011.858S
    • Member State: Denmark
    • Common Name:link
    • Decision type: Court decision, first degree
    • Decision date: 23/12/2010
    • Court: The Maritime and Commercial Court
    • Subject:
    • Plaintiff: Forenede Danske Motorejere (FDM)
    • Defendant: Kalundborg-Jyderup Autocenter A/S and others
    • Keywords: consumer, price reductions, proof of loss, repair
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 2, 1. Consumer Sales and Guarantees Directive, Article 2, 2., (c) Consumer Sales and Guarantees Directive, Article 2, 2., (d) Consumer Sales and Guarantees Directive, Article 3, 1. Consumer Sales and Guarantees Directive, Article 3, 2.
  • Headnote
    (1) The fading of the seats covers of four cars constituted a defect as it made the seats look worn and boring.

    (2) The plaintiffs were entitled to a reduction in the sales price even though the defects only had cosmetic consequences.
  • Facts
    In four new cars from the same manufacturer, the seat covers had faded because the glue that was supposed to hold the textile fibers together had not been applied correctly. An attempt at repair had failed. The plaintiffs each demanded a reduction of the sales price in the amount of 25.000 DKK.
  • Legal issue
    The court ruled that the faded seat covers were the result of an error made by the factory. Thus, the faded seat covers constituted defects. The fact that the defects did not reveal themselves until at a later point in time was irrelevant.

    Consequently, the plaintiffs were entitled to a reduction in the sales price even though the defect was only of cosmetic consequences as the defect could result in a lower (re)selling price.
  • Decision

    (1) Does the fading of seat covers constitute a defect despite it only having cosmetic consequences?

    (2) Is it possible to demand a reduction of the sales price on the basis of a purely cosmetic defect?

    URL: http://domstol.fe1.tangora.com/media/-300011/files/H-0066-08_mfl(1).pdf

    Full text: Full text

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  • Result
    The plaintiffs' request was granted.