CELEX: 62009CN0087
Language: en
Date: 2009-03-02 00:00:00
Title: Case C-87/09: Reference for a preliminary ruling from the Amtsgericht Schorndorf (Germany) lodged on 2 March 2009 — Ingrid Putz v Medianess Electronics GmbH

18.4.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 90/20
            
         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)
   2009/C 90/31
   Language of the case: German
   
      Referring court
   
   Amtsgericht Schorndorf
   
      Parties to the main proceedings
   
   
      Applicant: Ingrid Putz
   
      Defendant: Medianess Electronics GmbH
   
      Questions referred
   
   
               1.
            
            
               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?
            
         
               2.
            
            
               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).