Legal Literature

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. Consumer Sales and Guarantees Directive, Article 3, 4. Consumer Sales and Guarantees Directive, Article 4 Consumer Sales and Guarantees Directive, Article 5, 1. Consumer Sales and Guarantees Directive, Article 8, 2.

The article analyses a decision of the European Court of Justice [Gebr. Weber (C-65/09) and Putz (C-87/09) that have been heard jointly] that interpreted article 3 III of the Directive 1999/44/EC on the seller’s obligation to replace a defective good. In specific it was focused on whether there is a seller’s obligation to replace a defective good that the buyer installed in good faith and according to its intended purpose in another movable good, and whether the seller may refuse the replacement if the latter is impossible or disproportionate. More specifically, the question was if the seller is obliged to remove the defective good and install the new one when the right of replacement is exercised? The court ruled that the seller should either remove the defective good and install a new non-defective good or bear the cost for that removal and installation. What’s more, the author compares the findings of this decision with provisions of the greek law of sale. The author concludes that the greek legislation and in particular article 540 of the Civil Code has implemented the Directive according to the way the European Court of Justice has interpreted the specific right in question.