Case law

  • Case Details
    • National ID: 13-22893
    • Member State: France
    • Common Name:link
    • Decision type: Other
    • Decision date: 18/12/2014
    • Court: Supreme Court
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Toyota France
    • Keywords: conformity with the contract, guarantee
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 6
  • Headnote
    The manufacturer's contractual warranty does not exclude the legal guarantee of conformity.
  • Facts
    The plaintiff bought from Toyota France a car whose engine was defective. The plaintiff asked Toyota France to reimburse the costs of repairs, but the Court of appeals ruled that the only contract binding the parties (contractual warranty) did not cover such situation.
  • Legal issue
    Contractual warranty does not exclude the legal guarantee of conformity.
  • Decision

    Does the manufacturer's contractual warranty exclude the application of the legal guarantee of conformity?

    URL: https://www.legifrance.gouv.fr/affichJuriJudi.do?oldAction=rechJuriJudi&idTexte=JURITEXT000029936121&fastReqId=2109182734&fastPos=1

    Full text: Full text

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  • Result
    Court of Appeals decision is overturned.