Case law

  • Case Details
    • National ID: 10/00164
    • Member State: France
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 08/02/2011
    • Court: Reims Court of Appeals
    • Subject:
    • Plaintiff: Patricia Cate Bini
    • Defendant: Pascal Desceveux, trading under the name DEDICAT'S
    • Keywords: conformity with the contract, replacement, sanction
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 2, 2., (b) Consumer Sales and Guarantees Directive, Article 2, 2., (c)
  • Headnote
    A seller acting within its professional or commercial activity is required to deliver to the purchaser acting as a consumer a good conforming the contract and is liable for defects of conformity.
  • Facts
    The plaintiff bought from the defendant a purebred cat which happened to suffer from serious musculoskeletal problems which required surgery. The plaintiff asked the defendant to reimburse surgery costs and part of the sale price.
  • Legal issue
    A seller acting within their professional or commercial activity is required to deliver to the purchaser acting as a consumer a good in conformity with the contract and is liable for defects of conformity; in the case of a young pet, it must meet the standards of his race and in notably be free from malformations. When replacement of a good is not possible, the consumer can keep it and ask for a reimbursement of part of the sale price, which does not exclude damages.
  • Decision

    Can the buyer of cat suffering from serious health problems obtain reimbursement of part of the sale price on the grounds of Consumer’s code provisions?

    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature

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  • Result
    First instance decision is overturned.