Case law

  • 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
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 2, 2.
  • Headnote
    (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.
  • Facts
    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.
  • Legal issue
    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.
  • Decision

    (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?

    URL: http://www.dgsi.pt/jstj.nsf/954f0ce6ad9dd8b980256b5f003fa814/2ebf69ff2211566b80257ca20058aa05?OpenDocument

    Full text: Full text

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  • Result
    The court upheld the first instance court's judgment.