Where products are sold by a retailer and not by a manufacturer, a serious impairment of the legal position of the retailer may arise if the goods are defective and need to be replaced. The aggrieved parties – typically contractors or end-user customers – are not in a contractual relationship with the manufacturer as the contract is concluded with the retailer. Although the latter is not responsible for the product’s defect, the European Court of Justice has ruled that the retailer is liable for such defect where the end-user customer was a consumer.
As a result the retailer will bear the costs of renewal or replacement. The question of whether he may have recourse against the producer was not addressed by the Court and seems rather unclear. In the course of the panel discussion on 24 April 2012, at 5pm in the Austrian Academy of Sciences (Theatersaal, Sonnenfelsgasse 19, 1010 Wien) the possibilities of an appropriate solution to this problem, focussing on the interests of all involved, will be presented and discussed by the retired President of the Austrian Supreme Court Hon.-Prof. Dr. Irmgard Griss
, Univ.-Prof. Dr. Ernst Karner
, Univ.-Prof. i.R. Dr. Dr. h.c. Helmut Koziol
and RA Dr. Michael Winischhofer
. The discussion, which will take place in German, will be chaired by Mag. Benedikt Kommenda
(Die Presse). Admission is free.
At the end of proceedings, the European Centre of Tort and Insurance Law invites all to a buffet where you will have an opportunity to raise issues with the speakers and with other participants.
[Download Invitation in German as *.pdf]