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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
ECLI:EU:UNKNOWN:62009CN0087
62009CN0087
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18.4.2009
Official Journal of the European Union
C 90/20
(Case C-87/09)
2009/C 90/31
Language of the case: German
Referring court
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?
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).