News Supreme Court rulings May 2020

Sale of consumer goods affected by conformity defect

The Judgment no. 1082 of 20/01/2020 of the Supreme Court, then the matter of the sale of consumer goods affected by a conformity defect, it has enunciated the principle that where repair or replacement is, respectively, impossible or excessively costly, it should be recognized to the consumer, although not expressly contemplated by Article 130, paragraph 2 of the Consumer Code, and in order to guarantee the consumer a higher standard of protection than that achieved by Directive No. 44 of 1999, the right to sue for damages only, as a right attributed to him by other rules of law, according to the provisions of Article 135, paragraph 2 of the Consumer Code.

Common parts of the building – terraces, solar slabs

The Supreme Court in Judgment no. 8434 of 04/30/2020 clarified that the negotiated program by which the owner of a solar slab intends to assign to others, for consideration, the right to install and maintain a repeater, or other technological equipment there for a certain time, with the right to maintain the availability and enjoyment of the equipment and remove it at the end of the relationship, can abstractly be pursued either through a contract with real effects or through a contract with personal effects.

Mandatory attempt at conciliation and telecommunication disputes

Sects. United of the Supreme Court in Judgment no. 8241 of 04/28/2020, on the subject of disputes between telecommunications organizations and users, ruled the principle that the failure to make a prior mandatory attempt at conciliation, provided for in Article 1 of Law no. 249 of 1997 in order to be able to introduce a telecommunications dispute, gives rise to improbability and not inadmissibility of the claim. It follows that, where such fulfillment is lacking, the judgment must be suspended with the granting of a time limit to carry out the attempt at conciliation and continue to the outcome of it, not being able to be defined, as in the hypothesis of inadmissibility, by a ruling in ritual.