Gebr Weber GmbH v Wittmer Putz v Medianess Electronics GmbH – WLR Daily

Posted June 29th, 2011 in consumer protection, defective goods, EC law, law reports by sally

Gebr Weber GmbH v Wittmer Putz v Medianess Electronics GmbH Joined cases C-65/09 and C-87/09; [2011] WLR (D) 210

“Where consumer goods, installed in good faith by the consumer, were not in conformity with the contract under which the consumer had purchased and and were restored to conformity by way of replacement, the seller was obliged pursuant to article 3(2)(3) of Parliament and Council Directive 1999/44/EC either to remove the goods from where they had been installed and to install the replacement goods there or else to bear the costs of that removal and installation. The seller could not refuse to replace the defective goods on the ground that the costs were disproportionate but it could limit the payment to a proportionate amount.”

WLR Daily, 16th June 2011

Source: www.iclr.co.uk