Country:
France
Court:
Cour d'Appel de Paris, 2 civ., 14 September 2001
Topics:
Loss
Articles:
Facts:
The claimant company, Impressions Steve, bought an Epson Stylus printer from Ivain Co in September 1998 for 13,700 French Francs. Soon after delivery, the printer suffered from major technical deficiencies, and was shipped to Epson's appointed maintenance company to be fixed. The printer was never returned.
The claimant therefore claimed a reimbursement of the purchase price from Epson, an amount for the costs of the cartridges, as well as damages for commercial loss including lost profit and loss of reputation (161,725 French Francs).
Decision:
The Court of Appeal found Epson liable to refund the purchase price, and the costs of the cartridges. Epson was also held liable to pay 10,000 French Francs for having caused the claimants a lost chance of a making a profit, as well as for reputational loss. The Court based liability upon traditional contract law principles.
On the other hand, the Court rejected the claimants arguments based upon the implemented Product Liability Directive under Article 1386-1 Code Civil. The claim concerned solely the loss sustained to the printer due to its defective nature.
The Directive provides for recovery of loss to, or destruction of, any item of property other than the defective product itself. This principle was enshrined in Art. 1386-2, Code civil. The claim based on Article 1386-1 Code civil was rejected.
