A trio of Danish judges have ruled Apple must replace a Danish man’s iPhone 4 with a new device, rather than a refurbished model, as per local law.
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 expectations of receiving a brand new iPhone equivalent to his original purchase.
The court found that, by offering Lysgaard a refurbished device, Apple did not meet the original purchase agreement, per the Danish Sale of Goods Act. The ruling upheld a previous decision reached by Denmark’s Consumer Complaints Board.
Apple stated during the proceedings that while a refurbished iPhone may contain some recycled components, it is also manufactured and tested in the same way as a new device. Apple admitted that a remanufactured iPhone 4 could contain up to 5 specified recycled functional modules and up to 8 specified recycled peripheral modules, but that it is not possible to say whether or to what extent the case for each phone. Apple further stated that in practice it was rare that the outer modules were recycled. The Cupertino firm declared that any recycled modules previously had undergone rigorous tests and strict quality control.
Apple now has the option to appeal the ruling with a higher court in Denmark. The company is likely to appeal, as if the ruling is upheld, it would set a precedent in Denmark, and would force the iPhone maker to replace faulty iPhones with new models rather than refurbished devices in the future.
