30 Jul 2009
TAURUS IMPORTGESELLSCHAFT AND ANOTHER v. WIDE LOYAL INDUSTRIES LTD
- Citation
- TAURUS IMPORTGESELLSCHAFT AND ANOTHER v. WIDE LOYAL INDUSTRIES LTD
- Court
- Court of First Instance
- Case number
- HCA2808/2004
The court held that the contractual term 'CE Approved' required the defendant to ensure conformity with all relevant EU directives (including cadmium limits incorporated into German law); the ropelights exceeded permitted cadmium levels, were subject to a German sales prohibition and therefore breached the express term and the implied conditions as to description, merchantable quality and fitness for purpose; plaintiff entitled to damages assessed at EUR 558,783.67.