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Ingrid Putz V. Medianess Electronics Gmbh: Case Study

1466 Words6 Pages

3. Case C-87/09 : Ingrid Putz v. Medianess Electronics GmbH
3.1. Legal basis - EU

“Recital 10 in the preamble to the Directive states that ‘in the case of non-conformity of the goods with the contract, consumers should be entitled to have the goods restored to conformity with the contract free of charge, choosing either repair or replacement, or, failing this, to have the price reduced or the contract rescinded’.
Recital 11 in the preamble to the Directive reads as follows:
‘Whereas the consumer in the first place may require the seller to repair the goods or to replace them unless those remedies are impossible or disproportionate; whereas whether a remedy is disproportionate should be determined objectively; whereas a remedy would be disproportionate if it imposed, in comparison with the other remedy, unreasonable costs; whereas, in order to determine whether the costs are unreasonable, the costs of one remedy should be significantly higher than the costs of the other remedy.’
Article 3 of the …show more content…

According to the EU legislation about the consumer protection, the question is that the buyer may demand the repair or replacement of goods, to have the price reduced, or to have the contract rescinded. The Directive doesn’t however regulate compensation for error or damages. Consumer protection is an area that regulations are declared to be strict law. This is due to the belief that the producer or entrepreneur is the stronger party of the contract. Strict law cannot be modified in favor to the estimated stronger party of the contract. Law has to be at least backed up by justice and fundamental ethical principles, thus these principles that protects the weaker side of the contract are based on these basic ideas behind law and

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