Are the provisions of Article 3(2) of [the Directive], read in conjunction with the first subparagraph of Article 3(3) and Article 3(4) thereof, or of the third subparagraph of Article 3(3) of [the Directive] ... to be interpreted as precluding national legislation which provides that, where consumer goods are brought into conformity with the contract by means of delivery of replacement goods, the seller may require compensation from the consumer for use of the goods originally delivered, which were not in conformity with the contract?

Article 3 of the Directive precludes national legislation allowing sellers to require compensation from consumers for the use of defective goods until their replacement.

Sellers cannot require compensation for the use of defective goods under Directive 1999/44/EC.

European Court of Justice (First Chamber) · 17 april 2008 · Judgment · Preliminary ruling

(Consumer protection – Directive 1999/44/EC – 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)

Rechtsvraag

Whether Article 3 of Directive 1999/44/EC precludes national legislation that allows a seller to require compensation from a consumer for the use of defective goods until their replacement with new goods.

Regel

Art. 3(1), Directive 1999/44/EC (The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered.)
Art. 3(2), Directive 1999/44/EC (In the case of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement.)
Art. 3(3), Directive 1999/44/EC (The consumer may require the seller to repair the goods or replace them, in either case free of charge, unless this is impossible or disproportionate.)
Art. 3(4), Directive 1999/44/EC (The terms 'free of charge' refer to the necessary costs incurred to bring the goods into conformity, particularly the cost of postage, labour, and materials.)

Conclusie

The court concluded that Article 3 of Directive 1999/44/EC precludes national legislation that allows a seller to require compensation from a consumer for the use of defective goods until their replacement with new goods. The ruling was based on the Directive's clear intention to protect consumers from financial burdens and ensure a high level of consumer protection.

Tijdlijn

25-05-1999 Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees was adopted by the European Parliament and the Council.
08-2002 Quelle AG delivered a 'stove-set' to Ms Brüning for her private use.
Early 2004 Ms Brüning noticed that the appliance was not in conformity. Since repair was not possible, she returned the appliance to Quelle AG, who replaced it with a new appliance.
Early 2004 Quelle AG required Ms Brüning to pay EUR 69.97 as compensation for the benefit obtained from the use of the initially delivered appliance.
Early 2004 The Bundesverband, acting as Ms Brüning’s authorized representative, demanded reimbursement of the EUR 69.97 to her and applied for an order prohibiting Quelle AG from invoicing consumers for the use of goods not in conformity.
Early 2004 The court hearing the case at first instance granted the application for reimbursement but dismissed the arguments seeking an order directing Quelle AG not to invoice customers for the use of goods not in conformity.
Early 2004 The appeals brought against the first instance judgment by both Quelle AG and the Bundesverband were dismissed.
16-08-2006 The Bundesgerichtshof, before which appeal proceedings were brought on a point of law, decided to stay proceedings and refer a question to the Court of Justice of the European Union for a preliminary ruling.
28-09-2006 The Court of Justice of the European Union received the reference for a preliminary ruling from the Bundesgerichtshof.
04-10-2007 The Court of Justice of the European Union held a hearing regarding the case.
15-11-2007 The Advocate General presented their opinion at the sitting.
17-04-2008 The Court of Justice of the European Union delivered its judgment, interpreting Article 3 of Directive 1999/44/EC as precluding national legislation under which a seller who has sold consumer goods which are not in conformity may require the consumer to pay compensation for the use of those defective goods until their replacement with new goods.