Case law

  • Case Details
    • National ID: 2015/242
    • Member State: France
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 21/04/2015
    • Court: Aix-en-Provence Court of Appeals
    • Subject:
    • Plaintiff: Emmanuelle Bousseton
    • Defendant: SARL MOBILIER CONTEMPORAIN
    • Keywords: conformity with the contract, repair
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 5, 3.
  • Headnote
    The consumer can ask for reimbursement of a good non-conforming to the contract after an ineffective repair attempt by the seller.
  • Facts
    The plaintiff bought from the defendant a leather couch that appeared two months later to be non-conforming to the contract. As a consequence, the plaintiff accepted a repair offer from the defendant ; the couch however still appeared to be non-conform after said repair. The defendant offered a new repair, but the plaintiff asked for the refunding and cancellation of the sale.
  • Legal issue
    A lack of conformity appeared less than a month after the sale, the good should be considered as being non-conforming since delivery. Therefore, as the repair of the good was ineffective, the defendant could not reject the plaintiff request for refund and cancellation.
  • Decision

    Can the consumer can ask for reimbursement of a good non-conforming to the contract after an ineffective repair attempt by the seller?

    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature

    No results available

  • Result
    Appeal dismissed.