Court of Justice 28 February 2013, C‑32/12 (Soledad Duarte Hueros v Autociba SA and Automóviles Citroën España SA.)

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The Advocate General's opinion addresses whether a national court is required to grant a price reduction for defective goods when a consumer has only sought rescission of the contract, which is not permissible due to the minor nature of the defect. The opinion interprets Directive 1999/44/EC, emphasizing that while the consumer is entitled to a price reduction, the procedural constraints of Spanish law may prevent the court from acting on its own motion to grant this reduction. Ultimately, the opinion underscores the need for national courts to align their procedural rules with the consumer protection objectives of the Directive.AI

European Union · · · Cited by 7 · 28-02-2013

OPINION OF ADVOCATE GENERAL KOKOTT of 28 February 2013 ( 1 ) Case C‑32/12 Soledad Duarte Hueros v Autociba SAand Automóviles Citroën España SA (Request for a preliminary ruling from the Juzgado de Primera Instancia no 2 de Badajoz (Spain)) ‛Consumer protection — Directive 1999/44/EC — Rights of the consumer in respect of defects — Minor defect — Rescission of the contract not possible — Price

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