Case law

  • Case Details
    • National ID: Decision no. 1117/2014
    • Member State: Romania
    • Common Name:link
    • Decision type: Other
    • Decision date: 13/04/2014
    • Court: Bucharest Tribunal
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Unknown
    • Keywords: guarantee, sales contract
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 6 , 2., - Consumer Sales and Guarantees Directive, Article 6 , 2., -
  • Headnote
    The source of the commercial guarantee is a contract, specifically the commitment in this regard made by the seller or manufacturer which becomes binding under the provisions of the Civil Code related to contractual liability.
  • Facts
    The plaintiff was sanctioned with a fine for breaching Directive 1999/44/EEC (implemented into Romanian law by the provisions of Law no. 449 on the sale of goods and associated guarantees). They stated that they have never granted a commercial guarantee to their customers and that the legislation distinguished between two types of guarantees: the legal guarantee (of conformity) and the commercial guarantee (optional / voluntary). The generic mention of "guarantee according to the laws in force" was included by the plaintiff in the documents for product sale for the sole purpose of reminding its customers that they benefit from a legal guarantee for the purchased products. The plaintiff did not make any statement to undertake a commercial guarantee or any other act of publicity in this regard.
  • Legal issue
    The court found that the law regulates two types of guarantees: a legal guarantee (conformity guarantee) and a commercial guarantee. The source of the commercial guarantee is a contract, specifically the commitment in this regard made by the seller or manufacturer which becomes binding under the provisions of the Civil Code related to contractual liability.
    The court also held that the provisions of art. 20 para. (1), (2) and (3) of Law 449/2003 (which transposes the provisions of art. 6 (2) of Directive 1999/44/EEC) provides that the guarantee must contain mentions of consumer rights granted by law and state clearly that these rights are not affected by the guarantee; moreover, these provisions are only applicable to the commercial guarantee, and not the legal guarantee.
    The court held that there is no proof showing that the plaintiff granted a commercial guarantee and, consequently, it is not obliged to insert the mentions specified in art. 20 of Law 449/2003 (which transposes the provisions of art. 6 (2) of Directive 1999/44/EEC).
  • Decision

    Is the source of the commercial guarantee a contract?

    Full text: Full text

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  • Result
    The plaintiff`s recourse was accepted.