EBA Endrös-Baum Associés

Sale of a used vehicle: validity of an amicable, non-judicial assessment in the event of agreement on the facts

Published on : 05/11/2025 05 November Nov 11 2025 11h28 11 28

Publications

Sale of a used vehicle: validity of an amicable, non-judicial assessment in the event of agreement on the facts

Source: www.courdecassation.fr After purchasing a used vehicle from a professional dealer, the buyer resold it to a third party, with a certific...

Hidden defects and chain sales: Presumption of knowledge on the part of the professional - Enforceability of the exception against the sub-purchaser

Published on : 01/10/2025 01 October Oct 10 2025 15h55 15 55

Publications

Hidden defects and chain sales: Presumption of knowledge on the part of the professional - Enforceability of the exception against the sub-purchaser

Source: www.courdecassation.fr A BMW vehicle, initially sold by a company and then resold to several successive buyers, was found to have a defe...

Germany: Draft law on the modernisation of product liability law

Published on : 25/09/2025 25 September Sep 09 2025 17h18 17 18

Publications

Germany: Draft law on the modernisation of product liability law

On 11 September 2025, the Federal Ministry of Justice and Consumer Protection published a draft bill on the new EU Directive 2024/2853 on liability...

Bodily injury and medication: The limitation period does not begin upon death, but upon awareness of the risk

Published on : 28/08/2025 28 August Aug 08 2025 15h40 15 40

Publications

Bodily injury and medication: The limitation period does not begin upon death, but upon awareness of the risk

Source: www.courdecassation.fr An interim injunction was sought against the manufacturer of a medicine several years after the death of a patien...

Ten-year warranty: Not applicable to heat pumps installed on existing structures

Published on : 19/08/2025 19 August Aug 08 2025 15h27 15 27

Publications

Ten-year warranty: Not applicable to heat pumps installed on existing structures

Source: www.courdecassation.fr Private individuals commissioned a company to supply and install a heat pump in their home. The installation, cov...

Construction insurance: No cover if the activity causing the damage is not declared

Published on : 05/08/2025 05 August Aug 08 2025 15h18 15 18

Publications

Construction insurance: No cover if the activity causing the damage is not declared

Source: www.legifrance.gouv.fr The project owners had a wood-frame house built. After acceptance, defects appeared. They sued the builders and t...

Hidden defects: The start of the period for recourse claims is set at the time of compensation, not at the time of discovery of the defect

Published on : 17/07/2025 17 July Jul 07 2025 12h13 12 13

Publications

Hidden defects: The start of the period for recourse claims is set at the time of compensation, not at the time of discovery of the defect

Source : www.courdecassation.fr Cour de cassation, civile, Chambre civile 3, 28 mai 2025, 23-18.781, Publié au bulletin During renovation work,...

Suspension of prescription: this only benefits the person requesting the expertise appraisal

Published on : 01/07/2025 01 July Jul 07 2025 12h11 12 11

Publications

Suspension of prescription: this only benefits the person requesting the expertise appraisal

Source : www.courdecassation.fr Cour de cassation, civile, Chambre civile 3, 6 mars 2025, 23-20.018, Publié au bulletin A project owner underto...

Construction damage warranty: acceptance of the warranty binds the insurer, even for defects not covered by the ten-year warranty

Published on : 17/06/2025 17 June Jun 06 2025 15h09 15 09

Publications

Construction damage warranty: acceptance of the warranty binds the insurer, even for defects not covered by the ten-year warranty

Source: www.legifrance.gouv.fr The owners of a villa entrusted its construction to a contractor and a project manager, both of whom were insured...

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