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Case Details

Case Details
National ID Decision no. 41/2015
Member State Romania
Common Name link
Decision type Court decision in appeal
Decision date 20/01/2015
Court Satu Mare Tribunal
Plaintiff Unknown
Defendant Unknown
Keywords consumer, consumer rights, right of withdrawal

Distance Selling Directive, Article 6

A professional can refuse a consumer's right to return a product due to serious degradation after the first use only if they have observed all their obligations under the consumer protection legislative framework when the sale-purchase agreement was put in place.
The plaintiff refused to accept the return of a coffee maker purchased by a consumer, arguing that, even though the consumer exercised his right to return the product within the timeframe provided by law, even a one-time use of the product amounts to a considerable degradation, which justifies the refusal to accept the return. The consumer filed a complaint and the paintiff was sanctioned by the Agency for Consumer Protection.
The court considered that the plaintiff would have been entitled to refuse the return of the coffee maker only if the plaintiff had observed all their obligations under the consumer protection legislative framework. However, the plaintiff had breached several legal provisions under Government Decision no. 982/2007, Government Decision no. 457/2003 and Government Ordinance no. 21/1992.
Can a professional refuse the return of a product purchased by a consumer due to the fact that such product suffers a serious degradation after the first use?
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The court rejected the appeal of the plaintiff.