18.4.2009

Official Journal of the European Union

C 90/17

(Case C-65/09)

2009/C 90/26

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Gebr. Weber GmbH

Defendant: Jürgen Wittmer

Questions referred

1.Are the provisions of the first and second subparagraphs 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, in the event of a lack of conformity of the consumer goods delivered, the seller may refuse the form of remedy required by the consumer when the remedy would result in the seller incurring costs which, compared with the value the consumer goods would have if there were no lack of conformity, and with the significance of the lack of conformity, would be unreasonable (absolutely disproportionate)?

2.If the answer to the first question is in the affirmative: are the provisions of Article 3(2) and the third subparagraph of Article 3(3) of that directive to be interpreted as meaning that, where the goods are brought into conformity by replacement, the seller must bear the costs of removing the non-conforming consumer goods from a thing into which, in a manner consistent with their nature and purpose, the consumer has incorporated them?

(1) OJ 1999 L 171, p. 12.