Judgment of the Court (Fifth Chamber) of 13 July 2017 (request for a preliminary ruling from the cour d’appel de Mons — Belgium) — Christian Ferenschild v JPC Motor SA

(Case C-133/16) (1)

((Reference for a preliminary ruling - Sale of consumer goods and associated guarantees - Directive 1999/44/EC - Article 5(1) - Period of liability of the seller - Limitation period - Second subparagraph of Article 7(1) - Second-hand goods - Contractual reduction of the seller’s liability))

(2017/C 293/09)

Language of the case: French

Referring court

Cour d’appel de Mons

Parties to the main proceedings

Applicant: Christian Ferenschild

Defendant: JPC Motor SA

Operative part of the judgment

Article 5(1) and the second subparagraph of Article 7(1) 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 must be interpreted as precluding a rule of a Member State which allows the limitation period for action by the consumer to be shorter than two years from the time of delivery of the goods where the Member State has made use of the option given by the latter of those two provisions, and the seller and consumer have agreed on a period of liability of the seller of less than two years, namely a one-year period, for the second-hand goods concerned.

(1)  OJ C 191, 30.5.2016.