Rechtsliteratur

Digital Content Directive, Article 14, 4, (d) Sale of Goods Directive, Article 13, 4, (c)

Schwerwiegender und nicht geringfügiger Mangel iSd VGG

The article comments on the Supreme Court's decision no 9 Ob 41/23d and provides an overview of the guiding principles in the new warranty law and the implications in practice. According to § 12 (4) (1) VGG, a serious defect that entitles the consumer to immediately switch to the secondary warranty remedies exists if the consumer's ability to use the item normally is seriously impaired and the defect poses a safety risk. Whether a simple and inexpensive repair option exists is irrelevant. Defects in warranted characteristics and defects that endanger the physical safety of people are generally not minor within the meaning of § 12(5) VGG.