Case law

  • Case Details
    • National ID: 11/07174
    • Member State: France
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 04/02/2013
    • Court: Douai Court of Appeals
    • Subject:
    • Plaintiff: Laurent Barre
    • Defendant: SARL JCD AUTO
    • Keywords: conformity with the contract, professional diligence
  • Directive Articles
    Consumer Sales and Guarantees Directive, Article 5, 3.
  • Headnote
    In the absence of evidence to the contrary, any lack of conformity appearing within six months of delivery of a second-hand good by a professional seller to a consumer is presumed to have existed at the time of delivery.
  • Facts
    The plaintiff bought a car from the defendant which later revealed to be non-conforming to the contract, as it appeared to suffer from permeability problems.
  • Legal issue
    As the defendant is a professional seller, the lack of conformity having appeared under six month of the delivery of the good is presumed to have existed at the time of delivery.
  • Decision

    In which circumstances can the lack of conformity of a second-hand good be presumed to have existed at the time of delivery?

    Full text: Full text

  • Related Cases

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  • Legal Literature

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  • Result
    Appeal upheld.