Abstract
The article analyses the “Granulat”-judgment, in which the BGH (Bundesgerichtshof - German Federal Court of Justice) held that in light of art. 3 of the Consumer Sales Directive, § 439(1) BGB (Bürgerliches Gesetzbuch - German Civil Code) is to be interpreted to the effect that “delivery of goods which are free from defect” includes the removal of the goods from where they are installed and the installation of the replacement goods, but that this interpretation in conformity with the Directive is to be limited to consumer sales (B2C) and does not extend to sales contracts between professionals (B2B) or between consumers (C2C). It concludes that there are substantial arguments for a revision of this judgment by the legislator, i.e. for the creation of a uniform and clear legislative provision that “delivery of goods which are free from defect” not only in case of consumers sales (B2C), but in case of any sales contract includes the removal of the goods from where they are installed and the installation of the replacement goods.
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