Jurisprudenţă

  • Detalii privind cazul
    • ID național: Decision no. 1512/2014
    • Statul membru: România
    • Denumire comună:N/A
    • Tipul de decizie: Altele
    • Data deciziei: 04/04/2014
    • Instanţa: Tribunalul București
    • Obiect:
    • Reclamantul: Unknown
    • Pârâtul: Unknown
    • Cuvinte-cheie: goods made to the consumer's specification, guarantee, refund
  • Articole din directivă
    Consumer Sales and Guarantees Directive, Article 1, 1. Consumer Sales and Guarantees Directive, Article 1, 2., (b)
  • Notă preliminară
    (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.
  • Fapte
    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.
  • Chestiune juridică
    (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?
  • Hotărârea

    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.

    Text integral: Text integral

  • Cazuri conexe

    Nu există rezultate disponibile

  • Doctrină

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  • Rezultat
    The plaintiff's recourse request was accepted.