The “Bundesverband der Verbraucherzentralen und Verbraucherverbände” reclaimed, on behalf of the client, the refund of the payment of 69,97€. Hence, Quelle should remove the requirement to charge for selling a replacement of faulty goods.
The German Supreme Court became involved in this matter and realised that according to that established in § 439 IV with § 346 I and II nº1 BGB (German Civil Code) the right to compensate the seller exists. Given that the judges of the Supreme Court haboured doubts regarding the compatibiltiy of the regulations of the German Civil Code and EU Law, the Supreme Court stopped the proceedings and put this matter before the European Court of Justice.
The Supreme Court of Justice has clarified and realised that the German regulations are not compatible with EU regulations.
Specifically, the German Supreme Court will have to decide concluding that the company Quelle must reimburse their client with the amount of 69,97€. In addition, the legislator is called to adapt the BGB (German Civil Code) regulations, given that currently German laws regarding the matter of compensation contradict those in EU regulations.
This declaration is not limited to Germany: Spanish legislators will also be asked to revise their Civil Code.
For further information, please contact Sönke Lund : firstname.lastname@example.org