Ġurisprudenza

  • Dettalji tal-Każ
    • ID Nazzjonali: Magro v Domenic Department Stores
    • Stat Membru: Malta
    • Isem Komuni:N/A
    • Tip ta’ deċiżjoni: Deċiżjoni amministrattiva suġġetta għal appell
    • Data tad-Deċiżjoni: 01/04/2016
    • Qorti: Qorti Ta’ L-Appell (Ċivili, inferjuri)
    • Suġġett:
    • Rikorrent: Polly Anne Magro
    • Intimat: Dominic Department Stores (DDS) Limited u Noel Gauci ezercenti l-kummerc Gava Interiors
    • Kliem Prinċipali: attributes of the trader, commercial guarantee, consumer rights, intermediary, liability, nature of the trader, seller
  • Artikoli tad-Direttiva
    Consumer Sales and Guarantees Directive, Article 4 Consumer Sales and Guarantees Directive, Article 5, 1.
  • Nota Introduttiva
    (1) The two year time period laid down in Article 78 of the Consumer Affairs Act, which implements Article 5 (1) of Directive 1999/44/EC into Maltese law, is a period of forfeiture not a period of prescription.
  • Fatti
    The plaintiff instituted a case in the Consumer Claims Tribunal following the purchase and installation of a solar water heater from the defendant, which turned out to be defective while still under the 5-year guarantee. The defendant in turn claimed that this was merely an agent acting on behalf of Gava Interiors Company Limited. The latter claimed that there was no juridical relationship between it and the plaintiff, that it was DDS Ltd who had carried out the installation improperly and that Gava Interiors had provided a temporary remedy for the plaintiff. The Tribunal found for the plaintiff, ordering the defendant to pay back the full value of the solar water heater in return for the defective object; and the defendant appealed on the same grounds.
  • Kwistjonijiet legali
    (1) Is the two-year period under Article 78 of the Consumer Affairs Act, which implements Article 5 (1) of Directive 1999/44/EC into Maltese law, a period of prescription?
  • Deċiżjoni

    The court rejected the claim by the defendant that the prescription period during which the plaintiff had to first raise an objection, had expired. The reasoning was based on the change in the wording of the law in Article 78 of the Consumer Affairs Act, which implements Article 5 (1) of Directive 1999/44/EC into Maltese law, which previously contained a specific mention that the 2 years during which the plaintiff may detect the defect in an object, is a prescriptive period.

    The court also rejected the claim by the defendant that Gava Interiors should have been accorded part of the fault, since the plaintiff had dealt only with DDS Ltd.

    URL: http://www.justiceservices.gov.mt/courtservices/Judgements/search.aspx?func=all

    Test sħiħ: Test sħiħ

  • Każijiet Relatati

    Ebda riżultat disponibbli

  • Letteratura Legali

    Ebda riżultat disponibbli

  • Riżultat
    The defendant's appeal was rejected and the appealed decision was confirmed by the court.