Case law

  • Case Details
    • National ID: 12-27927
    • Member State: France
    • Common Name:link
    • Decision type: Supreme court decision
    • Decision date: 05/02/2014
    • Court: Supreme court
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Lapeyre
    • Keywords: conformity with the contract, goods
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 2, 2., (c)
  • Headnote
    Non-conformity is assessed on the basis of the purpose usually associated with a good.
  • Facts
    The plaintiff bought a shower panel from the defendant, but later asked for refund or a replacement arguing the good was not conform to the contract, notably invoking a specific norm to support its claim. The Court of Appeals rejected the claim, noting that the invoked norm was not mandatary, therefore considered the good was conform to the contract.
  • Legal issue
    The Supreme Court rejected the Court of appeals solution, noting that non-conformity should be assessed on the basis of the purpose usually associated with a good, not on the basis of a general consideration.
  • Decision

    Can a non-mandatory norm be taken into acount to determine conformity of the good to the contract?


    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature

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  • Result
    Court of Appeals decicion partly overturned.