31.3.2012

Official Journal of the European Union

C 98/17

(Case C-32/12)

2012/C 98/28

Language of the case: Spanish

Referring court

Juzgado de Primera Instancia, Badajoz

Parties to the main proceedings

Applicant: Soledad Duarte Hueros

Defendant: Autociba S.A., Automóviles Citroen-2 España S.A.

Question referred

If a consumer, after failing to have the product brought into conformity — because, despite repeated requests, repair has not been carried out — seeks in legal proceedings only rescission of the contract, and such rescission is not available because the lack of conformity is minor, may the court of its own motion grant the consumer an appropriate price reduction?