Portalul european e-justiție - Case Law
Închide

VERSIUNEA BETA A PORTALULUI ESTE ACUM DISPONIBILĂ!

Accesați versiunea BETA a portalului european e-justiție și spuneți-ne cum vi se pare!

 
 

Cale de navigare


menu starting dummy link

Page navigation

menu starting dummy link

Case Details

Case Details
National ID Decision no. 3082/2013
Statul membru România
Common Name link
Decision type Supreme court decision
Decision date 08/10/2013
Instanţa Inalta Curte de Casatie si Justitie
Obiect
Reclamantul Unknown
Pârâtul Unknown
Cuvinte-cheie conformity with the contract, guarantee

Consumer Sales and Guarantees Directive, Article 2, 5. Consumer Sales and Guarantees Directive, Article 4

(1) When installing an engine, the defendant did not have to verify the conformity of the engine in its entirety, but only the conformity that could have been observed when installing it.
(2) The courts have to establish a link between an engine failure and the act of installing it.
The plaintiff (the consumer) bought an engine from a company located in Germany and, subsequently, installed that engine using the services of a Romanian company (the defendant). Soon after, the engine broke and the plaintiff sought damages from the defendant.
(1) By merely installing the engine, did the defendant incur an obligation to verify the conformity of the engine in its entirety?
(2) Should the courts verify if there is a link between the engine failure and the act of installing it?
The expertise report indicated merely a probability for the failure of the engine and did not establish a link between the failure of the engine and the installing of it.
The inferior court should have verified whether the failure of the engine was caused by the manner of installing it and it should not have presumed that the defendant should bear the costs of the failure only because they were the one who installed it. The courts have to establish a link between the engine failure and the act of installing it.
Full Text: Full Text

No results available

No results available

The plaintiff`s recourse was accepted.