Case law

  • Case Details
    • National ID: link
    • Member State: Germany
    • Common Name:link
    • Decision type: Supreme court decision
    • Decision date: 30/04/2014
    • Court: Federal Court of Justice
    • Subject:
    • Plaintiff: Unknown (married couple)
    • Defendant: Unknown (entrepreneur who deals in floor covering)
    • Keywords: defective sample, sales contract
  • Directive Articles
    Consumer Sales and Guarantees Directive, link Consumer Sales and Guarantees Directive, Article 3, 2. Consumer Sales and Guarantees Directive, Article 8, 2.
  • Headnote
    (1) A remedy includes expert costs – irrespective of fault – which arise for the buyer in order to find the cause for deficiency symptoms and to clarify the responsibilities for a defect.

    (2) A refund claim persists even if the buyer demands reduction, provided that defect and responsibility for the defect are determined.
  • Facts
    In 2009, the plaintiffs purchased from the defendant parquet consisting of solid wood. A carpenter installed it in their home according to instructions provided by an intervening party on behalf of the defendant.

    Afterward, warping and other alterations of the parquet became visible.

    The defendant rejected the complaint of the plaintiff. The plaintiff then instructed an expert to inspect the deficiencies. The expert charged EUR 1,258.72 for his services. The result of the inspection showed that the deficiencies were caused by an inappropriate manner of installation, even though this manner of installation was described as admissible and recommended in the instructions. Thus, the plaintiff demanded a reduction of the price amounting to 30 % of the purchase price.

    The plaintiff filed a lawsuit demanding reimbursement of the reduced price, damages for the costs of the private expert and payment of pre-trial attorney fees. The local court granted only the reimbursement of the reduced price. In the appeal, the district court granted compensation for the costs of the expert.
  • Legal issue
    The plaintiffs are entitled to claim damages for the expert costs.
  • Decision

    (1) Does a remedy also include expert costs which a buyer incurs in order to find the cause for the deficiencies of a purchased item?

    (2) Does a refund claim persist if the buyer does not demand reimbursement after inspection of an expert but reduction of the purchase price?

    URL: http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=en&nr=67833&pos=0&anz=1

    Full text: Full text

  • Related Cases

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  • Legal Literature

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  • Result
    The appeal was not successful.