Consumer Sales and Guarantees Directive, Article 8

An action based on destructive defects must be initiated within a reasonable time against the seller. The Court action brought by the consumer against the seller for infiltration of water in a terrace on the first floor of the building, more than one year after the defect became apparent to him, is not initiated within the required reasonable time.

According to Article 1648 Civil Code, an action based on destructive defects must be initiated within a reasonable time against the seller. In this case, a building was sold to the consumer with hidden defects. In order to assess whether an action is brought to Court within a reasonable time, the relevant circumstances of the case must be taken into account. The reasonable period starts running from the moment that the defect becomes apparent or in the case that the defect becomes apparent after an extended use of the good from the moment that the buyer is aware or should have been aware of the defect. The consumer brought an action before a Court against the seller for infiltration of water in a terrace on the first floor of the building, more than one year after the defect became apparent to him (as a result of an expert report).

How should one assess the reasonable period for actions against the seller for hidden defects?

URL: http://jure.juridat.just.fgov.be/JuridatSearchCombined/?lang=nl

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The Court reforms the judgement of the Court of First Instance Brussels of 24 July 2015 and holds that a court action of the consumer against the seller more than one year after the hidden defect became apparent to him is not initiated within a reasonable time and hence inadmissible.