The court found that the law regulates two types of guarantees: a legal guarantee (conformity guarantee) and a commercial guarantee. The source of the commercial guarantee is a contract, specifically the commitment in this regard made by the seller or manufacturer which becomes binding under the provisions of the Civil Code related to contractual liability.
The court also held that the provisions of art. 20 para. (1), (2) and (3) of Law 449/2003 (which transposes the provisions of art. 6 (2) of Directive 1999/44/EEC) provides that the guarantee must contain mentions of consumer rights granted by law and state clearly that these rights are not affected by the guarantee; moreover, these provisions are only applicable to the commercial guarantee, and not the legal guarantee.
The court held that there is no proof showing that the plaintiff granted a commercial guarantee and, consequently, it is not obliged to insert the mentions specified in art. 20 of Law 449/2003 (which transposes the provisions of art. 6 (2) of Directive 1999/44/EEC).