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Document 62009CN0087

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

OJ C 90, 18.4.2009, p. 20–20 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

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).

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