Journals / Dokuz Eylül Üniversitesi Hukuk Fakültesi Dergisi / 2018 / Cilt: 20 - Sayı: 2
STRICT LIABILITY OF THE SELLER FOR DAMAGES CAUSED AS A RESULT OF DEFECTIVE GOODS IN CONSUMER TRANSACTIONS
- Pages
- 429–455
- DOI
- —
Abstract
The following judgment of the European Court of Justice deals with twomain questions. The first question is whether the seller who is not in fault isobliged to compensate the loss of the consumer which exceeds the subjectiveequivalence between the obligations of the parties arising from the contract. Thesecond question is whether the seller is able to refuse to replace goods not inconformity on the ground that replacement would impose unreasonable costs onhim. The court answers the first question in the affirmative on the followinggrounds: The demanded remedy had to be completed without any burden on theconsumer and any significant inconvenience to the consumer; even assumingthat the non-conformity of goods did not result from the fault of the seller, thefact remained that by delivering goods not in conformity the seller failedcorrectly to perform the obligation; the seller’s financial interests weresufficiently protected by the Directive. Regarding the second question, the courtdenies such a possibility for the seller where the repair is not possible. However,the court also allows to imply costs on the consumer, while enabling reducementin the reimbursement, which seems to be contradictory since the court requeststhat a remedy had to be completed without any burden on the consumer. Inconclusion, however, the ruling seems fair.
Özet
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