Case law

  • Case Details
    • National ID: 0567/06C
    • Member State: France
    • Common Name:link
    • Decision type: Other
    • Decision date: 07/11/2006
    • Court: Nice First Instance Court
    • Subject:
    • Plaintiff: Anne Marie Gaya née Gandilhon
    • Defendant: ROBBY FRANCE Electroménager
    • Keywords: cancellation of contract, conformity with the contract
  • Directive Articles
    Consumer Sales and Guarantees Directive, link
  • Headnote
    In case of lack of conformity of a good with the contract, if the solution proposed by the seller cannot be implemented within one month of the buyer making his claim, the latter can ask for refund.
  • Facts
    The plaintiff bought a good from the defendant, which appeared to be non-conforming to the contract. The defendant having taken no action to repair or to replace the good within one month of the plaintiff making his claim, the latter asked for reimbursement.
  • Legal issue
    As the non-conformity of the good appeared to be major, in absence of action from the defendant within one month, the plaintiff has the right to ask for reimbursement.
  • Decision

    In case of a lack of conformity of a good with the contract, in which circumstances can the buyer ask for a refund?

    Full text: Full text

  • Related Cases

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  • Legal Literature

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  • Result
    The sale is cancelled.