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European Observer on fundamental right's respect

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Case Law C-52/18 (23/05/2019)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 05/23/2019

Subject: The Court affirmed that the Member States remain competent to establish the place where the consumer is required to make goods acquired under a distance contract available to the seller, for them to be brought into conformity. That place must be appropriate for ensuring that they can be brought into conformity free of charge, within a reasonable time and without significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer required the goods. However, the consumer’s right to the bringing of goods, acquired under a distance contract, into conformity ‘free of charge’ does not include the seller’s obligation to pay the cost of transporting those goods, for the purposes of bringing them into conformity, to the seller’s place of business, unless the fact that the consumer must advance those costs constitutes such a burden as to deter him from asserting his rights. Moeover, the Court affirmed that a consumer who has informed the vendor of the non-conformity of goods acquired under a distance contract, the transport of which to the seller’s place of business was likely to cause a significant inconvenience to him, and who has made the goods available to the seller at his home for them to be brought into conformity, is entitled to rescission of the contract as a result of the failure to compensate him within a reasonable time, if the seller has failed to take any adequate steps to bring those goods into conformity, including that of informing the consumer of the place where those goods are to be made available to it for it to bring them into conformity

Parties: Fülla

Classification: Solidarity - Art. 38 Consumer protection

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