Danish Court Rules Apple Must Replace Man's iPhone With New Rather Than Refurbished Model

A court in Denmark today ruled Apple must replace a Danish man's iPhone with a new model rather than a refurbished model in accordance with local law.

iphone-4-cracked

(Image: The Sydney Morning Herald)

A trio of judges found Apple was not entitled to replace David Lysgaard's iPhone 4 with a refurbished model since it may contain recycled parts, which could result in a lower resale value and went against his "legitimate expectation" of receiving a brand new iPhone equivalent to his original purchase.

By providing Lysgaard with a refurbished iPhone, rather than an equivalent new model, the court found Apple to have violated the Danish Sale of Goods Act. The judges upheld an earlier decision reached by Denmark's Consumer Complaints Board, which also said the replacement should be a new, not refurbished, model.

Apple disagreed with the Consumer Complaints Board's decision in 2014 and sued Lysgaard, arguing that refurbished iPhones are produced and tested in the same way as new iPhones. Apple also said refurbished iPhones undergo rigorous tests and strict quality control. Apple can now appeal the judgment with a higher court.

Earlier this year, a Dutch court similarly ordered Apple to replace a woman's iPhone 6 Plus with a new model, not a refurbished one.

(Thanks, Boris!)

Top Rated Comments

Banan911 Avatar
95 months ago
And this is front page news because...
Because people from Denmark are reading Macrumors as well :)
Score: 49 Votes (Like | Disagree)
mkeeley Avatar
95 months ago
And this is front page news because...
...it's news.
Score: 39 Votes (Like | Disagree)
Kaibelf Avatar
95 months ago
And this is front page news because...
Because it could spill over into the EU and completely undermine Apple's push to replace parts instead of manufacturing new devices en masse, and have huge implications for not only the supply chain as well as their environmental goals? The question I counter with is, why did you have to even ask that question?
Score: 32 Votes (Like | Disagree)
chr1s60 Avatar
95 months ago
In other news, Apple iPhone support claims saw an 800% increase in Denmark today.
Score: 30 Votes (Like | Disagree)
thasan Avatar
95 months ago
To keep the same resale value, Apple should give him a phone that is used by exactly the same number of days he had his iPhone. :p
Score: 29 Votes (Like | Disagree)
ArtOfWarfare Avatar
95 months ago
And this is front page news because...
Why wouldn't it be? This could majorly change how Apple handles repairs in one country, and other countries may be emboldened to try the exact same thing.
Score: 20 Votes (Like | Disagree)

Popular Stories

iPhone 16 Camera Lozenge 2 Perspective Gray

Five Key Upgrades Coming to iPhone 16

Friday March 15, 2024 1:45 pm PDT by
The iPhone is Apple's top-selling product, and it gets an update every year. In 2024, we're expecting the iPhone 16 and iPhone 16 Pro lineup, with an arguably more interesting feature set than we got with the iPhone 15 and iPhone 15 Pro. Subscribe to the MacRumors YouTube channel for more videos. Capture Button All four iPhone 16 models are set to get a whole new button, which will be...
When To Expect New iPads Feature 1

Apple to Announce New iPads on March 26, Rumors Claim

Monday March 18, 2024 4:02 am PDT by
Apple is widely expected to release new iPad Air and OLED iPad Pro models in the next few weeks. According to new rumors coming out of Asia, the company will announce its new iPads on Tuesday, March 26. Chinese leaker Instant Digital on Weibo this morning 日发布%23">claimed that the date will see some sort of announcement from Apple related to new iPads, but stopped short of calling it an...
airpods 3 orange

Two New AirPods 4 Models Expected to Launch in September or October

Sunday March 17, 2024 7:56 am PDT by
Apple suppliers will begin production of two new fourth-generation AirPods models in May, according to Bloomberg's Mark Gurman. Based on this production timeframe, he expects the headphones to be released in September or October. Gurman expects both fourth-generation AirPods models to feature a new design with better fit, improved sound quality, and an updated charging case with a USB-C...
iphone se 4 modified flag edges

iPhone SE 4 Expected to Depreciate Heavily

Tuesday March 12, 2024 9:04 am PDT by
Resale value trends suggest the iPhone SE 4 may not hold its value as well as Apple's flagship models, according to SellCell. According to the report, Apple's iPhone SE models have historically depreciated much more rapidly than the company's more premium offerings. The third-generation iPhone SE, which launched in March 2022, experienced a significant drop in resale value, losing 42.6%...
iOS 17 Passkey With Apple ACCOUNT Feature

'Apple ID' Expected to Change to 'Apple Account' Starting With iOS 18

Sunday March 17, 2024 7:13 am PDT by
MacRumors was first to report that Apple was planning to rebrand "Apple ID" to "Apple Account" across its software platforms and websites like iCloud.com as early as this year, and now Bloomberg's Mark Gurman has corroborated this change. A mockup of the new Apple Account branding In his Power On newsletter today, Gurman said the new "Apple Account" branding will start to be used later this...
General iOS 17 Feature Orange Purple

iOS 17.4.1 Update for iPhone is Imminent

Monday March 18, 2024 5:27 am PDT by
iOS 17.4.1 and iPadOS 17.4.1 should be released within the next few days, with a build number of 21E235, according to a source with a proven track record. MacRumors previously reported that Apple was internally testing iOS 17.4.1. As a minor update for the iPhone, it will likely address software bugs and/or security vulnerabilities. It is unclear if the update will include any other changes. ...