About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2015-6 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2015)

handle is hein.intyb/rcbjcofi0370 and id is 1 raw text is: ZCVRLA Reports of Cases Case C-497/13 Froukje Faber v Autobedrijf Hazet Ochten BV (Request for a preliminary ruling from the Gerechtshof Arnhem-Leeuwarden) (Reference for a preliminary ruling - Directive 1999/44/EC - Sale of consumer goods and associated guarantees - Status of the purchaser - Consumer status - Lack of conformity of the goods delivered - Duty to inform the seller - Lack of conformity which became apparent within six months of delivery of the goods - Burden of proof) Summary - judgment of the Court (First Chamber), 4 June 2015 1. Acts of the institutions - directives are effective - conformity with EU law Directives - Implementation by Member States - Need to ensure that Obligations of national courts - Obligation to interpret national law in (Art. 288, third para., TFELI; European Parliament and Council Directive 1999/44) 2. Approximation of laws - Consumer protection - Sale of guarantees - Directive 1999/44 - Scope - Obligation for consumer status - Purchaser who has not relied on that status consumer goods and associated the national court to determine - No effect (European Parliament and Council Directive 1999/44) 3. Approximation of laws - Consumer protection - Sale of consumer goods and associated guarantees - Directive 1999/44 - Lack of conformity of the goods delivered - Lack of conformity which became apparent within six months of delivery of the goods - Lack of conformity which is presumed to have existed at the time of delivery - Burden of proof (European Parliament and Council Directive 1999/44, Art. 5(3)) 4. Approximation of laws - Consumer protection - Sale of consumer goods and associated guarantees - Directive 1999/44 - National legislation which imposes on the consumer a duty to inform the seller of the lack of conformity in good time - Whether permissible - Conditions (European Parliament and Council Directive 1999/44, Art. 5(2)) 1. See the text of the decision. (see para. 33) ECLI:EU:C:2015:357

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most