It seems like a real socialist has taken the helm at the Consumer Disputes Board.
They think they are some sort of legislators, or at the very least, they are making extremely strong interpretations of the law. In my opinion, their justifications wouldn’t hold much water in a court of law.
I wonder why the automotive industry hasn’t mounted a stronger resistance.
I wrote about this in a certain media outlet:
The Consumer Disputes Board (Kril) has, in recent automotive cases, started applying a new line in its decisions regarding the seller’s obligation to bring a product into conformity with the contract without the customer contributing to the costs. This is based on aforementioned EU Court of Justice rulings where a more recent judgment concerned the repair of a used tent purchased via distance selling (which did not meet the agreed specifications at the time of delivery), the rescission of the sale, or the replacement of the product, and an older one concerned mail order.
Could an expert explain how such a case can be used as a basis for, say, these Kril decisions where no form of distance selling was involved?
Is it possible to take a single point out of a specific judgment and apply it to any case whatsoever?
Decisions used in the justifications of the judgments:
JUDGMENT OF THE COURT OF JUSTICE In Case C‑52/18, paragraph 34
34 As regards, first, the condition that the goods must be brought into conformity ‘free of charge’, which means that the seller cannot make any financial claim in connection with the performance of that obligation — whether that obligation is performed by repair or by replacement of the non-conforming goods — and which is intended to protect consumers from the risk of financial burdens which, in the absence of such protection, might discourage them from asserting their rights
(see, to that effect, judgment of 17 April 2008, Quelle, C‑404/06, EU:C:2008:231, paragraph 34),
it must be stated that that condition cannot depend on the place where the goods purchased under a distance contract must be made available to the seller for the purpose of being brought into conformity.
Corresponding case C-404/06, paragraph 34
https://eur-lex.europa.eu/legal-content/FI/TXT/HTML/?uri=CELEX:62006CC0404
“34 The seller’s obligation to bring the goods into conformity free of charge, whether by repair or replacement of the goods, is intended to protect consumers from the risk of financial burdens which, as the Advocate General observed in point 49 of his Opinion, might discourage them from asserting their rights in the absence of such protection. This guarantee of the lack of charge, intended by the Community legislature, means that the seller cannot make any financial claim in connection with the performance of its obligation to bring into conformity the goods to which the contract relates.”
#kuluttajariitalautakunta #krl