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- Title
Case: CJEU – Quelle.
- Authors
Lilleholt, Kåre
- Abstract
The article discusses a case concerning the conformity of a consumer contract, which involves the interpretation of the Article 3 of Directive 1999/44/European Commission (EC) of the European Parliament. It states that through referring to the rules, the German legislation obligates the consumer who has bought a good with defects to surrender the benefits acquired from the use of the product. However, the consumer wanted for the reimbursement of the payment, referring to the compliance with Directive 1999/44. Meanwhile, the consumer is being given a strong position since the rule in Article 3 of Directive 1999/44 provides the buyer the choice between repair and replacement.
- Subjects
GERMANY; CONSUMER law; COMMERCIAL law; CONSUMER goods -- Law &; legislation; PRODUCT quality laws; QUALITY of service; CUSTOMER services; EUROPEAN Parliament; EUROPEAN Commission
- Publication
European Review of Contract Law, 2010, Vol 6, Issue 2, p192
- ISSN
1614-9920
- Publication type
Article
- DOI
10.1515/ERCL.2010.192