Case law

  • Case Details
    • National ID: ECLI:NL:GHARL:2016:7336
    • Member State: Netherlands
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 13/09/2016
    • Court: Court of appeal Arnhem-Leeuwarden
    • Subject:
    • Plaintiff: Unknown
    • Defendant: San-Sel Cars B.V.
    • Keywords: conformity with the contract, consumer goods, poor quality, proof of damage, test
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 2, 3.
  • Headnote
    A buyer of consumer goods can - under certain consequences - be obliged to conduct (further) research into the conformity of a product prior to the sale thereof.
  • Facts
    Plaintiff has bought a car from defendant. Prior to the sale, plaintiff noticed a specific damage regarding the paintwork on the right side of the car. Plaintiff expressed his concern about this specific damage and possible other (non-visible) damages by email to defendant. Defendant then proposed to have the car tested - on account of plaintiff - prior to the sale thereof. Because plaintiff's neighbour convinced plaintiff that the specific damage was due to transport of the car and probably not a result of non-conformity of the car/paintwork as a whole, plaintiff did not commence to test the car as was proposed by defendant. At a certain point, the paintwork began to flake.
  • Legal issue
    The court ruled that plaintiff should and/or could reasonably have known of the non-conformity of the car. The court found that by not commencing to the proposal of defendant to test the car prior to the sale, plaintiff has calculated the risk that the specific damage was not the result of transportation but of an accident followed by flawed paintwork of the car as a whole. The inadequate paintwork of the car would have become clear if the car had been tested.
  • Decision

    Can a buyer of consumer goods - under certain consequences - be obliged to conduct (further) research into the conformity of the product prior to the sale thereof?

    URL: http://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:GHARL:2016:7336

    Full text: Full text

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  • Result
    The appellate court dismisses all claims of plaintiff with regard to the matter here above.