Recoverability of Removal and Installation Costs in Case of Defective Consumer Goods: How Would the Weber and Putz Case Be Solved under Common European Sales Law?

The ruling of the European Court of Justice (hereinafter the “ECJ”) on the Weber and Putz case has already created lively reflection and partly very critical responses in the legal literature. This article does not purport to contribute to that discussion by analysing whether the arguments of the ECJ in the given case are to be supported or not or what kind of consequences they have for the national contract law. Instead, the authors are interested in the question of how one would solve the Weber and Putz case under the recently published Proposal for a Regulation on a Common European Sales Law (hereinafter the “Proposal”). In other words, the purpose of the article is to analyse the possibilities of recovering the costs of the removal of non-conforming goods and the installation of replacement goods in consumer sales contract under the Common European Sales Law.