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!)

Tag: lawsuit

Top Rated Comments

Banan911 Avatar
58 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
58 months ago
And this is front page news because...
...it's news.
Score: 39 Votes (Like | Disagree)
Kaibelf Avatar
58 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
58 months ago
In other news, Apple iPhone support claims saw an 800% increase in Denmark today.
Score: 30 Votes (Like | Disagree)
thasan Avatar
58 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
58 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)

Top Stories

tile sticker e1570533758981

Tile CEO: 'We Welcome Competition From Apple, But We Think It Needs to Be Fair'

Tuesday May 4, 2021 9:51 am PDT by
Just after Apple announced its AirTags, Tile CEO CJ Prober relayed his concerns about competing with Apple in the tracking space, and said that Tile would ask Congress to investigate Apple's business practices specific to Find My and item trackers. Prober this week did an interview with Bloomberg, where he further expanded on Tile's complaints about Apple and why he feels that Tile is...
signal instagram ads3

Signal Shares the Instagram Ads Facebook Doesn't Want You to See

Wednesday May 5, 2021 1:29 am PDT by
Encrypted messaging app Signal has had a series of Instagram ads blocked from the social media platform, after it attempted to show users how much data the Facebook-owned company collects about them and how it's used to push targeted ads. In a blog post, Signal described how it generated the ads to show users why they were seeing them, simply by declaring upfront the information that the...
tracking disabled ios 14 5

Analytics Suggest 96% of Users Leave App Tracking Disabled in iOS 14.5

Friday May 7, 2021 1:51 am PDT by
An early look at an ongoing analysis of Apple's App Tracking Transparency suggests that the vast majority of iPhone users are leaving app tracking disabled since the feature went live on April 26 with the release of iOS 14.5. According to the latest data from analytics firm Flurry, just 4% of iPhone users in the U.S. have actively chosen to opt into app tracking after updating their device...
fortnite apple logo 2

Epic CEO Tim Sweeney Admits App Store's 30% Cut Is Similar to Consoles, Would Have Accepted Special Deal With Apple

Tuesday May 4, 2021 1:54 pm PDT by
Apple's legal battle with Epic Games is continuing on, and during the second day of the trial, Epic Games' CEO Tim Sweeney continued his testimony against Apple. Sweeney was grilled by Apple's lawyers, and made several points seemingly favorable to Apple. In addition to mentioning how he prefers Apple's iPhone and values Apple's privacy policies that he's aiming to dismantle, Sweeney...
snapchat dark mode

Snapchat Rolls Out Dark Mode on iOS

Wednesday May 5, 2021 1:17 am PDT by
Nearly two years following the release of iOS and iPadOS 13, which included native, built-in, and systemwide dark mode, Snapchat, one of the world's most prominent social media networks, has finally rolled out a dark mode theme for iOS users. Snapchat began testing a dark mode theme of its app design late last year with a small group of iOS users. Now, Snapchat says that as of this week, it...
netflix sign up

Apple Discussed 'Punitive Measures' Against Netflix for Dropping In-App Purchases

Wednesday May 5, 2021 11:03 am PDT by
As the Epic Games v. Apple trial progresses into its third day, Apple's internal documents and communications with various companies are continuing to surface, giving us some insight into the dealings that Apple has had around the App Store. Back in December 2018, Netflix stopped offering in-app subscription options for new or resubscribing members and instead began requiring them to sign up ...
iphone 12 preorder purple

Apple Begins Transition to Randomized Serial Numbers With Purple iPhone 12

Wednesday May 5, 2021 9:17 am PDT by
MacRumors previously reported about Apple's plan to switch to randomized serial numbers for future products starting in early 2021, and this transition has now started with the new purple iPhone 12 model in multiple countries. With assistance from Aaron Zollo, host of the YouTube channel ZolloTech, we can confirm that the purple iPhone 12 released last month has a new 10-character serial...
airtag 1

AirTag Anti-Stalking Measures 'Just Aren't Sufficient' Says Washington Post Report

Wednesday May 5, 2021 6:03 pm PDT by
The safeguards that Apple built into AirTags to prevent them from being used to track someone "just aren't sufficient," The Washington Post's Geoffrey Fowler said today in a report investigating how AirTags can be used for covert stalking. Fowler planted an AirTag on himself and teamed up with a colleague to be pretend stalked, and he came to the conclusion that the AirTags are a "new means...
iphone 13 pro max dummy notch

iPhone 13 Pro Max Dummy Model Depicts Smaller Notch

Tuesday May 4, 2021 1:08 pm PDT by
Apple's iPhone 13 models are expected to feature a slimmed down notch, marking the first major change to the TrueDepth camera system since it was introduced in the 2017 iPhone X. We're still months away from the launch of the iPhone 13, but Lewis Hilsenteger of Unbox Therapy managed to get an iPhone 13 Pro Max dummy model that represents what we can expect from the new 2021 device. Dummy...
iPad Pro July Shipping

12.9-Inch iPad Pro Now Delivers as Late as Mid-July

Wednesday May 5, 2021 7:10 am PDT by
While the new 12.9-inch iPad Pro is set to launch in the second half of May, orders placed today are estimated for delivery as late as mid-July on Apple's online store in the United States — some two months later. The new 11-inch iPad Pro is faring better so far, with some configurations available for delivery in the last week of May. The new 12.9-inch iPad Pro features a Liquid Retina XDR ...