Case law

  • Case Details
    • National ID: 4257/13.9TBMTS.PT
    • Member State: Portugal
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 27/04/2015
    • Court: Court of Appeal of Porto
    • Subject:
    • Plaintiff: C., S.A.
    • Defendant: B.
    • Keywords: consumer rights, right of withdrawal
  • Directive Articles
    Distance Selling Directive, link
  • Headnote
    A trader that does not reimburse the amounts paid by a consumer within 30 days following the right of withdrawal of the latter shall return in double the amounts paid by the consumer.
  • Facts
    The plaintiff concluded a contract with the defendant for the sale of two televisions. The defendant exercised his right of withdrawal within a 14-days period following the delivery of the goods and asked the plaintiff for the reimbursement of the amounts paid. The plaintiff did not proceed with the reimbursement of the amounts paid in the following 30 days of the defendant’s request.
  • Legal issue
    The court considered that the plaintiff should return in double the amounts paid due to the lack of reimbursement of the amounts paid for the purchase within 30 days from the right of withdrawal, in accordance with article 8 of Decree-Law 143/2001 that transposes Directive 97/7/EC.
  • Decision

    Must a trader return in double the amounts paid for the lack of reimbursement within 30 days from the right of withdrawal?

    URL: http://www.dgsi.pt/jtrp.nsf/56a6e7121657f91e80257cda00381fdf/8fd5a26aed05a45480257e3c0053b700?OpenDocument

    Full text: Full text

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  • Result
    The court accepted the appeal.