Journal of European Consumer and Market Law

Volume 3 (2014)

Volume 3 (2014) / Issue 3

Rosa Miquel Sala, 'Verbraucherschutz auf Kosten der Dispositionsmaxime: War das erforderlich?' (2014) 3 Journal of European Consumer and Market Law, Issue 3, pp. 178–182

Abstract

According to the ruling of the CJEU in the case Duarte Hueros (C-32/12), the Consumer Sales Directive is contrary to a national procedural rule that does not allow the judge to grant of its own motion an appropriate reduction in the price of goods when the lack of conformity in those goods is minor but the consumer had not applied for the price reduction and cannot refine her/his initial application or to bring a fresh action to that end. The decision of the CJEU is based on an interpretation of relevant Spanish procedural rules which do not coincide with the doctrine of the Tribunal Supremo. Moreover, the referring court should have asked about the interpretation of the concept of “minor lack of conformity”. This question could have possibly avoided a breach of the principle stating that the parties delimit the subject-matter of the proceedings. The adopted solution is not proportionate. The interpretation of national law is not a task of the CJEU but of the national courts. They have to find adequate solutions within their own civil procedure law.

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ISSN: 2364-4710
ID: EuCML2014031