Съдебна практика

  • Данни за случая
    • Национален идентификатор: No 406
    • Държава-членка: България
    • Общоприето наименование:Der Kaeufer eines Klimatikgeraetes und die Firma- Verkaeufer
    • Вид решение: Други
    • Дата на решението: 03/06/2011
    • Съд: Върховен касационен съд
    • Заглавие:
    • Ищец:
    • Ответник:
    • Ключови думи:
  • Членове от директивата
    Consumer Sales and Guarantees Directive, Article 3, 1. Consumer Sales and Guarantees Directive, Article 3, 2. Consumer Sales and Guarantees Directive, Article 3, 3. Consumer Sales and Guarantees Directive, Article 3, 4. Consumer Sales and Guarantees Directive, Article 3, 5.
  • Уводна бележка
    If a good that is not in conformity with the contract is not repaired within one month the buyer has the right to withdraw from the contract.
  • Факти
    The company selling electrical devices appealed to the Court of Appeal against the judgment of the court at first instance of P., following which the Court of Appeal overturned the judgment of the court at first instance. The Court of Appeal ruled in favour of the claimant who had bought an air conditioning unit from the company.
    The buyer had alleged that the air conditioning unit had defects and that it had been impossible to reestablish the conformity with the contract and wanted the purchase price to be restituted. At first instance his claim had been rejected.
    The Court of Appeal had overturned the decision of the court at first instance. It noted that the air conditioning unit had been repaired but that the buyer wanted to withdraw from the contract. It had been noted in a protocol that the buyer had refused to take the air conditioning unit back. However, the Court of Appeal noted that the time limit for reparation of one month had lapsed and thus overturned the judgment in favour of the company.
    The seller then appealed to the Court of Cassation but it was determined in the preliminary examination that there was no foundation for a further appeal since the unit had not been repaired within the time limit.
  • Правен въпрос
  • Решение

    The Court of Cassation ruled that the judgment of the Court of Appeal had been justified and did not admit the further appeal. The client had the right to withdraw from the contract because the time limit for repair had lapsed.

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