Case law

  • Case Details
    • National ID: 2565/10.0TBSTB.S1
    • Member State: Portugal
    • Common Name:link
    • Decision type: Court of Justice decision
    • Decision date: 24/05/2012
    • Court: Supreme Court of Justice
    • Subject:
    • Plaintiff: A.
    • Defendant: BB – INVESTIMENTO IMOBILIÁRIO, S.A.
    • Keywords: consumer, guarantee, sales contract
  • Directive Articles
    Consumer Sales and Guarantees Directive, link
  • Headnote
    A three-year deadline is granted to consumers for exercising the right to the request for immovable property to be brought into conformity with the relevant contract. The deadline shall begin upon the complaint of the lack of conformity of the good.
  • Facts
    The plaintiff and the defendant concluded a sale and purchase contract for an immovable property. Following the sale of the goods, the plaintiff found that the good was defective and asked for it to be brought into conformity. In the absence of a reply from the defendant, the plaintiff brought legal action against him.
  • Legal issue
    The court decided that a three-year deadline, counting from the submission of the relevant complaint of the lack of conformity of the immovable property, is granted to the plaintiff.
  • Decision

    What should be the deadline for exercising the right to request immovable property to be brought into conformity with the relevant contract and when does the deadline begin?

    URL: http://www.dgsi.pt/jstj.nsf/954f0ce6ad9dd8b980256b5f003fa814/d20f51bda43069f480257a09004e653f?OpenDocument

    Full text: Full text

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  • Result
    The court accepted the appeal.