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Case Details

Case Details
National ID 10514/11.1T2SNT.L1.S1
Member State Portugal
Common Name link
Decision type Court of Justice decision
Decision date 17/12/2014
Court Supreme Court of Justice
Subject
Plaintiff AA.
Defendant RRBB – Comércio de automóveis, S.A. (“defendant 1”) CC, S.A. (“defendant 2”)
Keywords consumer rights, seller

Consumer Sales and Guarantees Directive, link Consumer Sales and Guarantees Directive, Article 3

In case of lack of conformity of a good with the relevant contract the final seller shall be liable towards the consumer regardless of the right of redress against the previous seller, in accordance with article 3 Directive 1999/44/CE of 25 May.
The plaintiff bought a vehicle from defendant 1. The vehicle had been previously sold to defendant 1 by defendant 2. The vehicle was delivered to the plaintiff in November 2009 and, in December 2009, it broke down due to a mechanical failure of the injectors, causing many adverse effects. The plaintiff requested the contract to be rescinded and the reimbursement of the amounts paid.
The court has decided that defendant 1 shall be liable towards the consumer for the defects of the vehicle regardless of the right of redress against the previous seller.
Who should be considered liable towards the consumer in case of lack of conformity of a good with the relevant contract?
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The court upheld the first instance court's judgment.