European Court of Justice: Traders are not allowed to charge for wear when exchanging a defect good
A customer of the German company Quelle bought an oven in August 2002. In 2004, within the legal guarantee period of two years, the oven showed a defect. The trader was willing to exchange the oven under the legal guarantee but charged 70 Euros for charge of wear.
The European Court of Justice has now declared this business conduct in non-compliance with Directive 1999/44/EG on certain aspects of consumer goods and associated guarantees. The German Federal Court of Justice forwarded the case to the European Court of Justice because it was not sure whether the legal situation in Germany was in comliance with article 3 of the Consumer Goods Directive.
According to the German Civil Code, traders are allowed to ask for a charge of wear when they are obliged to exchange a defect good. In its recent decision, the European Court of Justice has now decided that a repair or exchange under the Consumer Goods Directive has to take place free of charge, also including eventual compensation for wear. This claim is though limited to a period of two years and traders can furthermore refuse to exchange a defect good, when exchange or repair would cause unacceptably high costs.
For further questions regarding this decision of your rights according to the Consumer Goods Directive, please contact the European Consumer Centre Germany under the following contact details:
European Consumer Centre Germany
c/o Euro-Info-Verbraucher e.V.
Rehfusplatz 11
D-77694 Kehl
Phone: 00 49-7851 991 48 0
Fax: 00 49-7851 991 48 11
The European Court of Justice has now declared this business conduct in non-compliance with Directive 1999/44/EG on certain aspects of consumer goods and associated guarantees. The German Federal Court of Justice forwarded the case to the European Court of Justice because it was not sure whether the legal situation in Germany was in comliance with article 3 of the Consumer Goods Directive.
According to the German Civil Code, traders are allowed to ask for a charge of wear when they are obliged to exchange a defect good. In its recent decision, the European Court of Justice has now decided that a repair or exchange under the Consumer Goods Directive has to take place free of charge, also including eventual compensation for wear. This claim is though limited to a period of two years and traders can furthermore refuse to exchange a defect good, when exchange or repair would cause unacceptably high costs.
For further questions regarding this decision of your rights according to the Consumer Goods Directive, please contact the European Consumer Centre Germany under the following contact details:
European Consumer Centre Germany
c/o Euro-Info-Verbraucher e.V.
Rehfusplatz 11
D-77694 Kehl
Phone: 00 49-7851 991 48 0
Fax: 00 49-7851 991 48 11
