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Case Details

Case Details
National ID 783/11.2TBMGR.C1.S1
Member State Portugal
Common Name link
Decision type Supreme court decision
Decision date 20/03/2014
Court Supreme Court of Justice
Subject
Plaintiff A.
Defendant COMÉRCIO AUTOMÓVEL, S.A.
Keywords conformity with the contract, consumer goods, goods

Consumer Sales and Guarantees Directive, Article 2, 2.

(1) The lack of conformity of a good with a purchase contract may be presumed in accordance with Article 2 (2) (d) Directive 2011/83/CE of 25 May.
(2) In a situation where there is a lack of conformity of a good with a purchase contract, the burden of proof shall fall on the consumer.
The plaintiff purchased a vehicle from the defendant in March 2010. In November 2012, said vehicle was parked when a fire started and some of its essential parts were burnt. As such, the plaintiff requested the replacement of the vehicle. The defendant claimed that he was not responsible for the damages caused by the fire.
The court decided that, notwithstanding the legal presumptions set forth in the law for a good to be considered defective, the burden of proof shall fall on the consumer.
(1) May the lack of conformity of a good with a purchase contract be presumed?
(2) Where does the burden of proof fall in a situation where there is a lack of conformity of a good with a purchase contract?
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The court upheld the first instance court's judgment.