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Case Details

Case Details
National ID 2565/10.0TBSTB.S1
Estado-Membro Portugal
Common Name link
Decision type Court of Justice decision
Decision date 24/05/2012
Tribunal Supremo Tribunal de Justiça
Assunto
Requerente A.
Requerido BB – INVESTIMENTO IMOBILIÁRIO, S.A.
Palavras-chave consumer, guarantee, sales contract

Consumer Sales and Guarantees Directive, link

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.
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.
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?
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.
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The court accepted the appeal.