Case law

  • Case Details
    • National ID: 3-2-1-11-2010
    • Member State: Estonia
    • Common Name:Artur Melnitsenko v. VARIETAS Ltd
    • Decision type: Other
    • Decision date: 30/03/2010
    • Court: Riigikohus (Supreme court)
    • Subject:
    • Plaintiff:
    • Defendant:
    • Keywords:
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 3, 5.
  • Headnote
    The case concerns art. 3(5) of the Directive 99/44 and § 223 of the Law of Obligations Act.
  • Facts
  • Legal issue
    Art. 3 (5) of The Directive 99/44 states that the consumer may require an appropriate reduction of the price or have the contract rescinded:
    - if the seller has not completed the remedy within a reasonable time.
    Also § 223 of the Law of Obligations Act states that the buyer may have the contract rescinded if the seller has not completed the remedy within a reasonable time (this is considered as a significant violation of the contract).
  • Decision

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  • Result