Case law

  • Case Details
    • National ID: AP de Málaga (Sección 4ª) Sentencia núm. 337/2009 de 30 junio
    • Member State: Spain
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 30/06/2009
    • Court: Provincial Court of Malaga
    • Subject:
    • Defendant: Unknown
    • Keywords: right of withdrawal, terms and conditions, terms & conditions
  • Directive Articles
    Distance Selling Directive, link
  • Headnote
    The withdrawal term must be counted as from the moment where the consumer effectively receives the product, regardless whether this is the purchase moment or a latter one.
  • Facts
    The plaintiff purchased a TV. When the TV was delivered, he detected that it was defective. He claim in front of the seller and, per the latter's indications, also in front of the manufacturer (the defendants). The manufacturer delivered a new TV to the consumer (the plaintiff). However, it was a different model and price TV that did not satisfied the defendant, who decided to reject the product.
  • Legal issue
    Calculation of the right of withdrawal's term. The concept of effective receipt by the consumer.
  • Decision

    What is the right moment to start counting the withdrawal right term?

    Full text: Full text

  • Related Cases

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  • Legal Literature

    No results available

  • Result
    The court ruled in favour of the plaintiff. As a consequence, the defendants were ordered to return the price to the purchaser and to pick the TV up from the plaintiff's domicile at their expense.