Judgment_paragraph 39 · Soledad Duarte Hueros v Autociba SA and Automóviles Citroën España SA (C-32/12)

39In those circumstances, it must be held that such procedural rules are liable to undermine the effectiveness of the consumer protection intended by the European Union legislature in so far as they do not allow the national court to recognise of its motion the right of the consumer to obtain an appropriate reduction in the price of the goods, even though that consumer is not entitled to refine his initial application or to bring a fresh action to that end.