Court:

Supreme Court, Decision No 1051/2004

Topics:

Liability of the producer of defective products

Rights of the purchaser of defective products

Consumer protection

Compensation to the consumer due to moral damage

Articles:

Articles 6 and 7, Law 2251/1994

Articles 914 and 932, Civil Code

Facts:

On May 19th 1997 the claimant purchased from the defendant a cheese pie in which he discovered a little pin. The claimant asked to be compensated due to the moral damage he suffered, i.e. due to the fact that he experienced a severe fear for his health

Legal Questions:

Can the consumer claim compensation due to moral damage in the case of defective products?

Decision:

The combination of articles 6 and 7 of Law 2251/1994 provides that the consumer can claim compensation due to moral damage in the case of defective products only according to the general tort legislation. Further and especially in the field of consumer protection, the purchaser of the product must prove only the defectiveness of the product. It is the producer that must prove that he did not conduct any illegal actions that led to the defectiveness.

Comments:

The Supreme Court verifies that in the case of consumer protection there is an exception from the rules of litigation. In general, it is the claimant that has the obligation to prove that the defendant has committed illegal actions. However in the case of defective products, since the consumer has no way of knowing if the producer committed illegal actions, the producer has the obligation to prove that he didn't do so.

Original text:

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