Rechtsleer

Consumer Sales and Guarantees Directive, Article 3, 2. Consumer Sales and Guarantees Directive, Article 3, 3. Consumer Sales and Guarantees Directive, Article 3, 3., - Consumer Sales and Guarantees Directive, Article 3, 3., - Consumer Sales and Guarantees Directive, Article 3, 3., - Consumer Sales and Guarantees Directive, Article 3, 3.

The author argues that the Court of Cassation decided in line with its ground-breaking judgement of the same day (18 June 2020) concerning the law of obligations, in which it emphasised the obligor’s primacy to fulfil the obligation on his own. This principle of recovery in kind also applies to consumer sales. The author further focuses on the refund of (medical) costs when the consumer goes to a third party for the repair of a defective good. He distinguishes between the situation where the seller refuses to repair the defective good and that of a seller who did not receive the request from the consumer to repair the good. In the first case, medical costs must be refunded by the seller on the basis of Art. 1649quinquies C.C. (old). In the second case, there has been discussion in the Belgian case law. According to some courts, no compensation could be granted to the consumer. However, according to the judgement referred to above, the Court of Cassation held that repair by a third party without prior court authorisation can only be allowed in exceptional circumstances.