Contracts, Sale of Consumer Goods, Lack of Conformity, Civil Cassation, Second Section, Judgment no. 1082 of 01/20/2020

Regarding the sale of consumer goods affected by a defect of conformity, where repair or replacement are, respectively, impossible or excessively expensive, it must be acknowledged to the consumer, although not expressly contemplated by art. 130, paragraph 2, code consumption, and in order to guarantee the same a higher standard of protection than that achieved by Directive no. 44 of 1999, the right to act for damages only, as a right attributed to it by other rules of the system, according to the provisions of art. 135, paragraph 2, of the cod. consumption.

Source Supreme Court of Cassation