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Case Details

Case Details
National ID 3K-3-350/2005
Member State Lithuania
Common Name link
Decision type Supreme court decision
Decision date 20/06/2005
Court Supreme Court of Lithuania
Subject
Plaintiff V. S.
Defendant UAB “Rasmitas”
Keywords capacity of trader, consumer rights, goods, guarantee, right of withdrawal

Consumer Sales and Guarantees Directive, Article 3, 2. Consumer Sales and Guarantees Directive, Article 6

The seller cannot impose additional conditions not clearly provided in an initial guarantee and limit his liability against the consumer.
The Plaintiff concluded with the Defendant a sale - purchase agreement under which the Plaintiff acquired a car Opel Zafira. Under the agreement, a 12 year term anticorrosive (quality) guarantee for the body of the car was provided. After 2 years from the date when the car was acquired, the body of the car corroded, then the Plaintiff applied to the Defendant with a purpose to terminate the sale-purchase agreement, but the Defendant did not accept the car and rejected the Plaintiff’s proposal to terminate the agreement. The Plaintiff applied to the court.

As the Plaintiff claimed that he had the right to terminate the agreement, the Defendant argued that the anticorrosive guarantee could have been applied only if an open corrosion would have been found on the body of the car.
The court by taking into consideration the photos of the car as well as the fact that the Defendant had not explained to the Plaintiff that there were special conditions applied to the said quality (i.e. that it only covered an open corrosion), concluded that it was clear that the car was of an inappropriate quality (Article 2 point 1 of Directive 1999/44 (implemented into Lithuanian law by Article 6.363 para 2, Civil Code) and that the agreement was legally terminated.
Can the seller impose additional conditions not clearly provided in an initial guarantee and limit his liability against the consumer?
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The court decided that the agreement was legally terminated.