Opinion of the Advocate General — ECLI:EU:C:2010:275
Date: 2010-05-18
Language of the case: German
Subject matter: Consumer protection;Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Germany

Reference for a preliminary ruling from the Amtsgericht Schorndorf (Germany) lodged on 2 March 2009 - Ingrid Putz v Medianess Electronics GmbH (Case C-87/09) Language of the case: German Referring court Amtsgericht Schorndorf Parties to the main proceedings Applicant: Ingrid Putz Defendant: Medianess Electronics GmbH Questions referred Are the provisions of Article 3(2), and the third subparagraph of Article 3(3), of Directive 1999/44/EC 1 of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees to be interpreted as precluding a national statutory provision under which a seller, in the event that it has restored a consumer product to conformity with a contract of sale by way of replacement, does not have to pay the costs of the installation, in a particular unit, of the subsequently delivered product, in the case where the consumer has properly installed the contractually defective consumer product, if installation was not originally a contractual requirement? Are the provisions of Article 3(2), and the third subparagraph of Article 3(3), of Directive 1999/44/EC to be interpreted as meaning that a seller, in the event that it has restored a consumer product to conformity with a contract of sale by way of replacement, has to pay the costs of disconnection, from a particular unit, of the contractually defective consumer product, in the case where the consumer has properly installed the consumer product? ____________ 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).