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Case Details

Case Details
National ID Decision no. 1512/2014
Member State Romania
Common Name link
Decision type Other
Decision date 04/04/2014
Court Bucharest Tribunal
Subject
Plaintiff Unknown
Defendant Unknown
Keywords goods made to the consumer's specification, guarantee, refund

Consumer Sales and Guarantees Directive, Article 1, 1. Consumer Sales and Guarantees Directive, Article 1, 2., (b)

(1) The application field of Directive 1999/44/EEC is the sale of goods, including those made at order, and associated guarantees, in order to ensure consumer protection.
(2) A trader who performs transports on a regular basis, pursuant to its activity object, is not a natural person who has entered into a contract with the defendant outside its business. Such trader cannot be considered a consumer in the sense of Directive 1999/44/EEC.
The plaintiff, a manager of a company, sued the defendant requesting the replacement of a truck injection pump and engine, and in case of refusal thereof, the payment for the repairment costs. The plaintiff considered that the fault was due to a manufacturing defect.
The plaintiff's company is not a consumer within the meaning of the law as indicated by the plaintiff. The plaintiff is a trader who performs transports on a regular basis. Therefore, the plaintiff is not a natural person who has entered into a contract with the defendant outside its business, so it cannot benefit from the protection granted by law for the consumers.
(1) Are goods made at order subject to Directive 1999/44/EEC?
(2) Can a trader who performs transports on a regular basis, pursuant to its activity object, be considered a consumer in the sense of Directive 1999/44/EEC?
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The plaintiff's recourse request was accepted.