Case law

  • Case Details
    • National ID: Decision no. 2373/A/2016
    • Member State: Romania
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 27/06/2016
    • Court: Bucharest Tribunal
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Unknown
    • Keywords: conformity with the contract, consumer rights, fees
  • Directive Articles
    Consumer Rights Directive, Chapter 3, Article 11, 1. Consumer Rights Directive, Chapter 3, Article 11, 1., (a) Consumer Rights Directive, Chapter 3, Article 11, 1., (b) Consumer Rights Directive, Chapter 3, Article 13, 1. Consumer Rights Directive, Chapter 3, Article 13, 1. Consumer Rights Directive, Chapter 3, Article 13, 2. Consumer Rights Directive, Chapter 3, Article 13, 3.
  • Headnote
    (1) The commission which drafted the minutes ascertaining the damage of the goods was not properly constituted, due to the fact that the plaintiff was not included.
    (2) In order to establish whether the minutes refers to the goods returned to the consumer, the minutes has to mention the date when it was drafted.
  • Facts
    The plaintiff (consumer) purchased a product from the defendant (seller). After 3 days of using the product, the plaintiff noticed that it did not match neither the characteristics presented by the seller, nor her expectations. She notified the seller in order to return the product. After receiving the goods, the seller refused to refund the consumer claiming that they were deteriorated and sent them back to the consumer.
  • Legal issue
    The court decided that the whole amount paid to the seller shall be refunded to the consumer as the consumer properly exercised her right of withdrawal.
  • Decision

    (1) Is the commission examining the goods returned by the consumer properly constituted if the consumer is not part of it ?
    (2) Does the minute of the commission examining the good have to be dated in order to establish whether the examined goods are the same as those returned by the consumer ?

    Full text: Full text

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  • Result
    The plaintiff`s appeal was rejected and therefore the judgment of the Bucharest District 1 Courthouse imposing damages to be paid by the plaintiff was confirmed.