Judgment of the Court (First Chamber) of 17 April 2008 (reference for a preliminary ruling from the Bundesgerichtshof - Germany) - Quelle AG v Bundesverband der Verbraucherzentralen und Verbraucherverbände
(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)
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Applicant: Quelle AG
Defendant: Bundesverband der Verbraucherzentralen und Verbraucherverbände
Re:
Reference for a preliminary ruling - Bundesgerichtshof - Interpretation of Article 3 of Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ 1999 L 171, p. 12) - Entitlement under national law of a seller to seek compensation from consumers for the use of goods not in conformity with the sale contract during the period before their replacement
Operative part of the judgment
Article 3 of Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees is to be interpreted 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.
____________1 - OJ C 310, 16.12.2006.