Denmark has the same courage as Holland and obliges the company Apple Lossless Audio CODEC (ALAC), to replace a broken iPhone 4 with a new model, not a refurbished one, as is standard American practice. A Dane complained to the Danish version of ANPC due to the fact that Apple wanted to replace a broken iPhone 4 with a refurbished one in 2014 and won the case.
The Danish ANPC decided that Apple violates Denmark's legislation and that by offering a refurbished iPhone 4, it does not respect the legitimate expectations of a customer to receive a new terminal or equivalent to the one purchased. Moreover, the refurbished terminal has a lower resale value because it uses recycled parts from other models.
Apple appealed the decision in a local court saying that all refurbished terminals are rigorously tested and verified to meet the requirements of a new product. The court that reached the file did not agree with Apple and upheld the Danish ANPC's decision, so Apple decided to appeal against this decision to a higher court.
At the beginning of this year, a Dutch court made a similar decision in a case in which it forced Apple to replace a broken iPhone 6 with a new one, not refurbished. If the higher court in Denmark makes a similar decision, then we are talking about the second European country where Apple is obliged to stop offering refurbished terminals in exchange for broken ones.
"After an overall assessment, the court finds that David Lysgaard by the exchange had a legitimate expectation of receiving a Brand product equivalent to the original purchase. Since the remanufactured phone that David Lysgaard took delivery could contain recycled modules, the phone cannot qualify as a brand new phone. In addition, as stated above, that the fact that the phone was not brand new, has apparently affected the phone's sales value. Replacement delivery with a remanufactured iPhone therefore voted not to match the original purchase agreement, as required under the Sale of Goods Act § 78 paragraph. 1 for 2."
