Case law

  • Case Details
    • National ID: C.15.0234.N
    • Member State: Belgium
    • Common Name:link
    • Decision type: Supreme court decision
    • Decision date: 17/03/2016
    • Court: Supreme Court
    • Subject:
    • Plaintiff: L.M.
    • Defendant: P.B.
    • Keywords: conformity with the contract, general discussion, presumption of conformity
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 5, 3.
  • Headnote
    (1) The nature of animals as a good does not impede the application of the presumption of non-conformity as defined under article 5(3) Directive 1999/44 (implemented into Belgian law by article 1649quater, §4 Civil Code).
  • Facts
    Facts not available.
  • Legal issue
    The court ruled that the canton court was wrong when it stated that animals, because of their nature, are inherently incompatible with the presumption of non-conformity as defined under article 5(3) Directive 1999/44.
  • Decision

    (1) Does the presumption of non-conformity as defined under article 5(3) Directive 1999/44 (implemented into Belgian law by article 1649quater, §4 Civil Code) apply to the sale of animals?

    Full text: Full text

  • Related Cases

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  • Legal Literature

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  • Result
    The court set aside the judgment of the canton court and referred to the canton court of Ghent.