Fülla v Toolport GmbH

European Union – Consumer protection. Article 3(3) of Directive (EC) 1999/44 should be interpreted as meaning that the member states remained competent to establish the place where the consumer was required to make goods acquired under a distance contract available to the seller, for them to be brought into conformity in accordance with that provision. That place had to be appropriate for ensuring that they could be brought into conformity free of charge, within a reasonable time and without significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer had required the goods. The Court of Justice of the European Union so held, among other things, in a preliminary ruling in proceedings by the applicant purchaser concerning a claim for reimbursement of the purchase price of a tent, made by the applicant in the exercise of his right to rescind the sale contract.

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