No Charge for the use of the Goods not in Conformity Until Their Replacement with New Goods in Consumer Transactions

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Istanbul Univ, Fac Law

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The following judgment of the European Court of Justice deals with the problem whether the seller may require compensation from the consumer for the use of the goods not in conformity until their replacement with new goods. According to German Legislation, the seller is entitled to payment by way of compensation for the benefits derived by the purchaser from the use of those goods until their replacement with new goods. The question brought to Court of Justice is whether the provisions of German Civil Code are in compliance with the Community legislation. The Court has found German legislation not in conformity with the Community Legislation on the ground that the demanded remedy had to be completed without any financial burden on the consumer. Even though the grounds of the judgment seem not so convincing and the court did not discuss the fact that the seller also got benefits from the payment in advance for a defective good, the ruling seems fair in conclusion.


Anahtar Kelimeler

Consumer protection, Directive 1999/44/EG, Sale of consumer goods and associated guarantees, Right of the seller, Where goods not in conformity are replaced, to require the consumer to pay compensation for the use of those goods, no charge for the use of the goods not in conformity


Istanbul Hukuk Mecmuasi

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