Subject of the claim:

Oblige the Defendant to replace the vehicle with a similar vehicle of the same brand.

The basis of the claim:

The Plaintiff purchased a car, after which it was handed over to an official dealer to eliminate the defect in the form of a malfunction of the all-wheel drive clutch. For a period of more than 60 days, the defect was not eliminated due to the lack of details due to the sanctions imposed. According to the Plaintiff, since the warranty repair period exceeded 45 days, that is, the defect could not be eliminated without a disproportionate amount of time, this defect is significant and its requirements are subject to satisfaction.

The representative of the Defendant asked to dismiss the claim, pointing out that the duration of the defect elimination period is due to force majeure, namely, the lack of delivery of the necessary spare part of the car, since sanctions have been imposed. At the moment, the shortage in the car has been eliminated. In addition, he pointed out that at the moment a car of a similar brand is not being produced, is not in the warehouse of both the manufacturer and the distributor, and therefore the obligation to replace the car with a similar one cannot be fulfilled by the defendant.

The court found that the supply of necessary components supplied from Japan has been suspended, and therefore the warranty repair of the plaintiff's car has been suspended, which is completed after the receipt of the spare part. The court recognized the effect of sanctions as a force majeure circumstance, which is the basis for exemption from liability.

The court decided to leave the claims for the obligation to replace the goods without satisfaction.

The full text of the judicial act can be found here:
http://6kas.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=case&case_id=2509765&case_uid=6706de40-c2f8-4ce8-9a73-f688a7c8b76c&new=2800001&delo_id=2800001