Case law

  • Case Details
    • National ID: Forbrugerklagenævnets afgørelse i sag 13/07778
    • Member State: Denmark
    • Common Name:The Consumer Complaints Board’s decision of 17 December 2014
    • Decision type: Administrative decision, first degree
    • Decision date: 17/12/2014
    • Court: The Consumer Complaints Board
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Unknown
    • Keywords: cancellation of contract, consumer, reasonable time, repair
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 3, 3.
  • Headnote
    (1) A consumer can terminate a sales contract if the trader has not been able to repair a defect after 4 attempts as that is not considered within reasonable time.

    (2) A trader can only under certain circumstances subtract the value of the use a consumer has enjoyed from the sales price that has to be reimbursed.
  • Facts
    Eight months after the purchase of an electric bicycle, the consumer experienced errors in the electric bicycle's electric system. The seller attempted to repair the electric bicycle four times before the consumer demanded termination of the contract. The electric bicycle was in the shop for 7-15 days during each attempt to repair.
  • Legal issue
    The board ruled the that the defect had not been repaired within a reasonable time, which permitted the consumer to terminate the contract in accordance with Section 78(4) of the Sale of Goods Act.

    The board was divided on the issue of whether the seller could subtract the value of the use the consumer had enjoyed from the sales price that had to be reimbursed. Two board members stated that, according to the law and practice, special circumstances had to be present in order for that to be permissible. The aforementioned board members did not find such special circumstances to be present in the case. Two other board members disagreed and wanted to permit the seller to subtract the value of the use due to the consumer having enjoyed a non-insignificant use of the electric bicycle. The last member of the board found that the seller was not entitled to subtract the value of the use due to the nature of the product, the expected lifetime of the product compared to the actual period of use, and the prolonged process compared to the consumer's use of the product.

    Thus, with the votes 3-2, the board ruled that the seller was not entitled to subtract the value of the use from the sales price that had to be reimbursed.
  • Decision

    (1) Can a consumer terminate the contract after 4 unsuccessful attempts to cure a defect on the grounds of the defect not having been cured within reasonable time?

    (2) Can a trader subtract the value of the use the consumer had enjoyed from the sales price that has to be reimbursed?

    URL: http://www.forbrug.dk/Afgoerelsesdatabase/Forbrugeromraadet/barnevogne-cykler-knallerter-sports-og-fritidsudstyr/Koeb-af-elcykel-kunne-ophaeves-efter-fem-reparationer?tc=04AD14737F124E59A458E6BDF2A5D5FA

    Full text: Full text

  • Related Cases

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  • Result
    The contract could be terminated and the consumer could demand the purchase price reimbursed in full.