Case law

  • 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
  • Directive Articles
    Consumer Sales and Guarantees Directive, link Consumer Sales and Guarantees Directive, Article 3
  • Headnote
    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.
  • Facts
    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 The plaintiff requested the contract to be rescinded and the reimbursement of the amounts paid.
  • Legal issue
    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.
  • Decision

    Who should be considered liable towards the consumer in case of lack of conformity of a good with the relevant contract?

    URL: http://www.dgsi.pt/jstj.nsf/954f0ce6ad9dd8b980256b5f003fa814/dbeec6d9115342ac80257db100634154?OpenDocument

    Full text: Full text

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