The issue arose when the French firm complained that the various pieces of engineering machinery did not have certificates of conformity which are necessary under an EU directive. It said this meant they could not be sold and so were unfit for purpose under the Sale of Goods Act 1979.

This was in spite of the fact that it had actually sold each piece of equipment to its own customers both in and outside the European Union.

The court held that the machines clearly were fit for purpose as the French firm had been able to sell them in different European countries.

The Court of Appeal has now upheld that decision. It said there was no evidence that the EU Directive had been brought into effect in the member states where the French firm was trading. On that basis, the claim that the goods were unsalable could not succeed.

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