Does the right for compensation for the use of a thing arise when withdrawing from a contract?

Let’s say you recently bought a car and, after some time and mileage, you withdraw from the purchase contract due to defects in the vehicle.

Are you obliged to compensate the seller for the use of the vehicle you’re returning?

What does this mean in terms of your rights and obligations?

In its verdict (23 Cdo 1311/2022), the Supreme Court addressed the question of whether and under what conditions the seller is entitled to compensation from the buyer for the use of a thing that was the subject of a purchase contract if the contract was withdrawn from due to defects in the thing.

The verdict reveals that compensation for use may be required, but it depends on the specific circumstances of the case. Crucially, if both parties were performing the contract simultaneously, the usual rules on compensation do not apply and compensation for the  use of the vehicle does not apply.