Il rapporto tra risoluzione e riduzione del prezzo nel diritto comune europeo (nota a Corte di giustizia UE, 3-10-2013, C-32/12, Duarte)

MANCALEONI, ANNA MARIA

2014-01-01

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Abstract

In the decision annotated the ECJ interpreted the directive 99/44/EC on certain aspects of the consumer sale contract. The question referred by the Spanish judge is on whether, on the basis of the directive, the national judge has to grant ex officio the reduction of price when the consumer asked only for the resolution of the contract and the relevant national procedural rules would preclude the judge to act of his own motion. The casenote therefore addresses the question of the relationship between the two remedies, which is to some extent controversial also in Italian law.