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Case Details

Case Details
National ID Decision no. 1117/2014
Member State Romania
Common Name link
Decision type Other
Decision date 13/04/2014
Court Bucharest Tribunal
Subject
Plaintiff Unknown
Defendant Unknown
Keywords guarantee, sales contract

Consumer Sales and Guarantees Directive, Article 6 , 2., - Consumer Sales and Guarantees Directive, Article 6 , 2., -

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 plaintiff was sanctioned with a fine for breaching Directive 1999/44/EEC (implemented into Romanian law by the provisions of Law no. 449 on the sale of goods and associated guarantees). They stated that they have never granted a commercial guarantee to their customers and that the legislation distinguished between two types of guarantees: the legal guarantee (of conformity) and the commercial guarantee (optional / voluntary). The generic mention of "guarantee according to the laws in force" was included by the plaintiff in the documents for product sale for the sole purpose of reminding its customers that they benefit from a legal guarantee for the purchased products. The plaintiff did not make any statement to undertake a commercial guarantee or any other act of publicity in this regard.
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).
Is the source of the commercial guarantee a contract?
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The plaintiff`s recourse was accepted.