FRANCE – According to the Cour de Cassation (Supreme Court of Appeals), a heat pump constitutes a piece of equipment whose fitness for purpose must be assessed independently of the building as a whole.
The Supreme Court censured the verdict of the lower court of appeals judge who had found that the heat pump was a simple piece of equipment as a result applicants had to demonstrate how cooling of the ambient air was necessary for the retail space to function correctly, making it in practice almost impossible for manufacturers to uphold their responsibility for engagement based on of Article 1792 of the Civil Code (ten-year guarantee).
According to the Supreme Court, the installation of the air conditioning system is in fact an installation whose fitness for purpose must be assessed independently of the building as a whole.
This solution greatly facilitates the installation of ten-year warranty heat pumps.
Source: Court of Cassation, 3rd Civil Division, September 24, 2014, No. 13-19615.