On 27 September 2007, the defendant bought a motorhome from the plaintiff. The defendant used this motorhome for a trip to Croatia, during which it suffered mechanical problems which the defendant paid for. The defendant notified the plaintiff of these problems, stating that the motorhome was unfit for its purpose, mainly on account of its weight being above the MWA threshold.
The defendant requested the plaintiff to repay the price or to replace the vehicle. The issue came to a head and defendant filed suit. The court of first instance agreed with defendant, rescinding the contract and awarding damages. The plaintiff appealed against this decision.