iPhoneForums.Net News Team
- Jun 18, 2010
- Reaction score
MacRumors reports that a court in Denmark has today ruled that Apple must replace a damaged iPhone belonging to a Danish man with a brand new model rather than a refurbished device in order to comply with local Danish law.
The court’s three judges found that Apple could not legally replace David Lysgaard’s iPhone 4 with a refurb as it might contain recycled parts, and thus would possibly have a lower resale value than his damaged phone, which would go against his “legitimate expectation” of receiving a replacement phone of equivalent value to his original purchase.
Denmark’s Consumer Complaints Board had already ruled back in 2014 that Apple had gone against Denmark’s Sale of Goods Act by giving Lysgaard a refurb instead of a new phone, but Apple sued Lysgaard after that ruling, claiming that refurbs are made and tested to the same standards as brand new iPhones. The case then went to a higher level of court in Denmark today, hence the new ruling by the higher court, which upheld the decision of the Danish Consumer Complaints Board.
Apple can also now appeal today’s ruling, which it may well want to do, rather than set a costly precedent in Denmark.