Country:

Netherlands

Court:

Pres. Rb. Breda 8 December 2000, KG 2001, 28 (Electric Cooker)

Topic:

Information by supplier about identity producer or importer

Article:

Art. 3 al. 3

Facts:

Mohammed Al Kholali bought an electric cooker in an It's shop. When he used this cooker at home a fire broke out. It was assumed that this fire had been caused by a defect of the electric parts of the cooker. The plaintiff, who did not have a fire insurance, held It's liable for the damage. Initially It's acknowledged its liability but three weeks later it denied it and referred the plaintiff to the importer of the cooker. As a consequence of this the plaintiff had to hold the importer liable for the damage but he was bankrupt.

Legal questions:

(1) Can the supplier withdraw a previous acknowledgement of liability?

(2) Is the application of art. 3 al. 3 reasonable in case the producer is bankrupt, the supplier is part of a big chain of shops and the plaintiff is not insured?

Decisions:

(1) The withdrawal of the acknowledgment of liability can be considered as a justified use of the reasonable time mentioned in this provision.

(2) Application of art. 3 al. 3 in the mentioned circumstances is not unreasonable since these circumstances are not relevant in the context of the Directive.