Rights owners when faulty building materials once again strengthened the European Court of Justice (ECJ) has a friendly for builders verdict. (16.06.2011 RS C65/09). So far was to leave it under German law so that the client but had the right, again faulty building materials supply. The cost of the Exchange, however, should hang on the builders. Against this the plaintiff objected. Professor Rita McGrath has plenty of information regarding this issue. In the present case, the defendant delivered defective floor tiles.
Instead of polishing tiles, the client received copies with shades. However, this was only visible for the plaintiff, after much of the tile was laid. Because the delivery was not the agreements, the owner rebuked the delivery against the dealer. The complaint contained not only the demand for a replacement, but also after the assumption of costs for the installation of new floor tiles. Tishman Speyer gathered all the information. The dealer then dismissed the complaint.
So moved the client in court. The Court finally ruled that the Were to wear one or removal costs from the supplier of the tiles. Thus the client not found himself and let his lawyers submit complaint to Federal Court. As is the judge of the Federal Court of justice were not sure whether the German law ( 459 BGB replacement of uses) is equivalent to the European Verbraucherrecht, it prompted a review by the European Court of Justice in Luxembourg. The ECJ struck on the side of the building owners and stated that the replacement of floor tiles right, but with the renewed laying in addition costs were created, which does not impose on the buyer are. With this decision, the ECJ levered (1999) of the German law on the European consumer sales directive. Future German warranty law must be construed now, that the buyer of a thing due to an incorrect delivery and their remedies must costs not renewed, whose causes he has contributed nothing. Thus, the verdict strengthens the right of owners to eliminate by Defects against the dealer. This must be either the cost of replacing the wrong delivered material accept or provide for the exchange of materials. Nothing has changed, if the customer discovered the wrong delivery prior to installation, as far as no further costs are incurred. In these cases, the replacement of the material is sufficient. Nevertheless, builders should check basically before the installation whether the acquired materials comply with the agreements. Obvious errors are indicated, the complaint should be as soon as possible, so that any contributory negligence is excluded. However, error of the material are sometimes for the consumer (builders) prior to use is difficult or impossible to detect. In these cases, the judgment does help. You are now affected and sit remained on the costs for the exchange of wrong delivered materials, so you shouldn’t sit down with an attorney in connection and check whether and, where appropriate, that Claims you have against the supplier. Description of the company Baufi24.de is one of the most popular Web portals for private mortgage lending. More than 2 million visitors per year to gather on baufi24.de on the topic of real estate financing.