The judgment No. 22728 of September 25, 2018, rendered by the Italian Corte di Cassazione stated, dealing with the issue for the first time, the applicability of the sale of consumer goods legislation - as introduced by the Directive 1999/44/EC and contained in articles 128 et seq. of the Italian Codice del consumo - to animal sales. To justify its decision, the Supreme Court formulated the principle according to which there is «a clear preference of the legislator» for the regulation at hand which requires to ascribe «a consequent secondary role» to the Codice civile regulation regarding both the contract in general and the sale contract. Sales of consumer goods should be regulated primarily by the European legislation, whereas the Codice civile would be relevant only for what is not provided for by articles 128 et seq. Codice del consumo.
Italienische Corte di Cassazione zur Anwendbarkeit der Bestimmungen über den Verbrauchsgüterkauf (Richtlinie 1999/44/EG) auf den Kauf von Tieren
M. Faccioli
2019-01-01
Abstract
The judgment No. 22728 of September 25, 2018, rendered by the Italian Corte di Cassazione stated, dealing with the issue for the first time, the applicability of the sale of consumer goods legislation - as introduced by the Directive 1999/44/EC and contained in articles 128 et seq. of the Italian Codice del consumo - to animal sales. To justify its decision, the Supreme Court formulated the principle according to which there is «a clear preference of the legislator» for the regulation at hand which requires to ascribe «a consequent secondary role» to the Codice civile regulation regarding both the contract in general and the sale contract. Sales of consumer goods should be regulated primarily by the European legislation, whereas the Codice civile would be relevant only for what is not provided for by articles 128 et seq. Codice del consumo.
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