Jurisprudenţă

  • Detalii privind cazul
    • ID național: Decision no. 3082/2013
    • Statul membru: România
    • Denumire comună:N/A
    • Tipul de decizie: Hotărârea Curții Supreme
    • Data deciziei: 08/10/2013
    • Instanţa: Inalta Curte de Casatie si Justitie
    • Obiect:
    • Reclamantul: Unknown
    • Pârâtul: Unknown
    • Cuvinte-cheie: conformity with the contract, guarantee
  • Articole din directivă
    Consumer Sales and Guarantees Directive, Article 2, 5. Consumer Sales and Guarantees Directive, Article 4
  • Notă preliminară
    (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.
  • Fapte
    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.
  • Chestiune juridică
    (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?
  • Hotărârea

    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.

    Text integral: Text integral

  • Cazuri conexe

    Nu există rezultate disponibile

  • Doctrină

    Nu există rezultate disponibile

  • Rezultat
    The plaintiff`s recourse was accepted.