Photovoltaic panel fire: the Court of Cassation confirms warranty exclusions under Dutch law
Published on :
18/02/2025
18
February
Feb
02
2025
A company sponsoring a photovoltaic project entrusted the installation of solar panels to a company insured by various insurers. After a fire in 2012 and subsequent malfunctions, it sued the insurers to obtain compensation for its damages.
The Court of Appeal rejected some of her claims, particularly against the main insurer of the panel manufacturer, ruling that the warranty exclusion clauses were valid and in accordance with the Dutch law applicable to the contract.
The Court of Cassation upheld this decision, considering that these clauses, although they limit the warranty to two years, are not contrary to French public policy. It also validates the stay of proceedings decided by the Court of Appeal on the precise amount of compensation, pending determination of the overall damage related to the serial defects. The Court concludes that this stay does not deprive the plaintiff company of its right of access to the judge. The appeal of the sponsoring company is rejected, and the decision of the Court of Appeal is upheld.
History
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