Monitor Prawniczy

no. 16/2015

Consumer rights in case of non-conformity of the goods with the contract

Magdalena Skowron-Kadayer
LL.M., prawnik w Federalnym Ministerstwie Transportu i Infrastruktury Cyfrowej w Niemczech. Poglądy wyrażone w opracowaniu są wyłącznie poglądami autorki.
Abstract

In the glossed judgment, the CJEU examines the laws of the European Union concerning consumer rights. Since there are no European laws regulating judicial procedures, the CJEU reviews also national procedural laws (procedural autonomy of Member States). The CJEU applies the EU principles of equivalence and effectiveness to the national principles and procedural rules. Those principles are supposed to guarantee effectiveness of consumer rights granted by the European law.

The CJEU refers in its judgment to the well known principles of the European law. Thus, it follows the long set case-law line. Competent courts of Member States are supposed not only to apply the established rules. Moreover, the CJEU obligates them to give (at least) the same importance also to the established interpretation methods, which should also guarantee the effectiveness of rights under the European law.