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Document 62018CN0052
Case C-52/18: Request for a preliminary ruling from the Amtsgericht Norderstedt (Germany) lodged on 29 January 2018 — Christian Fülla v Toolport GmbH
Case C-52/18: Request for a preliminary ruling from the Amtsgericht Norderstedt (Germany) lodged on 29 January 2018 — Christian Fülla v Toolport GmbH
Case C-52/18: Request for a preliminary ruling from the Amtsgericht Norderstedt (Germany) lodged on 29 January 2018 — Christian Fülla v Toolport GmbH
OJ C 152, 30.4.2018, p. 7–8
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
30.4.2018 |
EN |
Official Journal of the European Union |
C 152/7 |
Request for a preliminary ruling from the Amtsgericht Norderstedt (Germany) lodged on 29 January 2018 — Christian Fülla v Toolport GmbH
(Case C-52/18)
(2018/C 152/09)
Language of the case: German
Referring court
Amtsgericht Norderstedt
Parties to the main proceedings
Applicant: Christian Fülla
Defendant: Toolport GmbH
Questions referred
1. |
Is the third subparagraph of Article 3(3) of Directive 1999/44/EC (1) to be interpreted as meaning that a consumer must in all cases offer goods acquired under a distance contract to an undertaking in order to enable repair or replacement only at the place where the goods are located? |
2. |
If not: Is the third subparagraph of Article 3(3) of Directive 1999/44/EC to be interpreted as meaning that a consumer must in all cases offer goods acquired under a distance contract to an undertaking in order to enable repair or replacement at the undertaking’s place of business? |
3. |
If not: What criteria can be derived from the third subparagraph of Article 3(3) of Directive 1999/44/EC as regards how to specify the place where the consumer must offer goods acquired under a distance contract to the undertaking in order to enable repair or replacement? |
4. |
If the place where the consumer must offer goods acquired under a distance contract to an undertaking for examination and to enable repair is — in all cases or in this specific case — the undertaking’s place of business: Is it compatible with the first subparagraph of Article 3(3) of Directive 1999/44/EC, in conjunction with Article 3(4) thereof, for a consumer to have to pay the costs of outward and/or return shipping, or does it follow from the requirement ‘to repair free of charge’ that the seller is required to make an advance payment? |
5. |
If the place where the consumer must offer goods acquired under a distance contract to an undertaking for examination and to enable repair is — in all cases or in this specific case — the undertaking’s place of business and a requirement for the consumer to pay costs in advance is compatible with the first subparagraph of Article 3(3) of Directive 1999/44/EC, in conjunction with Article 3(4) thereof: Is the third subparagraph of Article 3(3) of Directive 1999/44/EC, in conjunction with the second indent of Article 3(5) thereof, to be interpreted as meaning that a consumer who has merely notified a defect to the undertaking is not entitled to have a contract rescinded without offering to transport the goods to the place where the undertaking is located? |
6. |
If the place where the consumer must offer goods acquired under a distance contract to an undertaking for examination and to enable repair is — in all cases or in this specific case — the undertaking’s place of business and a requirement for the consumer to pay costs in advance is not compatible with the first subparagraph of Article 3(3) of Directive 1999/44/EC, in conjunction with Article 3(4) thereof: Is the third subparagraph of Article 3(3) of Directive 1999/44/EC, in conjunction with the second indent of Article 3(5) thereof, to be interpreted as meaning that a consumer who has merely notified a defect to the undertaking is not entitled to have a contract rescinded without offering to transport the goods to the place where the undertaking is located? |
(1) 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).