Summary:
Original Link:
Original Article:
Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 29 April 2025 – KFZ Kolak e.U. v GF
(Case C-307/25, KFZ Kolak)
Language of the case: German
Referring court
Oberster Gerichtshof
Parties to the main proceedings
Appellant on a point of law: KFZ Kolak e.U.
Respondent on a point of law: GF
Questions referred
1. Must Article 13(4)(c) of Directive (EU) 2019/771 be interpreted as meaning that a defect which affects the safety of the goods (in the present case, loss of oil from a motor vehicle which entails the risk of engine damage), even in the absence of other conditions, such as particularly egregious conduct on the part of the seller (deceit, for example), is of such a serious nature as to justify an immediate price reduction or cancellation of the sales contract? If the answer to the first question is in the affirmative:
2. Does the same apply where the defect could be remedied at relatively low financial cost?
Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC.