European Commission

 

Case detail



Directive article Article 7 1.
Article 7 4. (a)
National ID CCT 2/10 Kenneth Ciangura vs AR Tech Limited
Country Malta Decision date 06/12/2010
Common name Decision type Court decision, first degree
Court Maltese Consumer Tribunal Plaintiff(s) Kenneth Ciangura
Court translation Maltese Consumer Tribunal Defendant(s) AR Tech Limited
Subject misleading omissions
Keywords material informationproduct characteristics

+ Expand all

Headnote

Not providing information on the expected life duration of a product, constitutes a misleading omission.

Facts

The plaintiff had purchased a solar water heater system.

After a period of time, some parts of the water tank began to rust and leaks were established. According to the plaintiff, the defendant had not informed the plaintiff on the relatively quick worsening of the water tank's state.

Legal issue

Does it constitute a misleading omission not to provide information on the expected life duration of a product?

Decision

In a short reasoning, it was held by the court that the information on the expected life duration of a product is essential information.
Next, the defendant could not prove such information was communicated to the plaintiff.

As a result, according to the court, the plaintiff had not been provided with all relevant information in order to make an informed transactional decision. Hence, the defendant had breached the prohibition on misleading omissions.
 

  URL Decision Decision full text
EN N/A
MT N/A

Result

The court ordered the defendant to repair the system or to pay a certain amount of compensation.

Additional information

Date Description URL
There is no events for this case.

Related case(s)

National ID Common Name Subject Country Link type
There is no related cases for this case.

Legal Literature

Title Author
There is no Legal Literature for this case.