Sustainable consumption and circular economy in the Directive 2019/771

Abstract

One of the aims behind issuing a new directive on consumer sales contracts (directive 2019/771) was to adjust this part of contract law so that it can contribute to sustainable development. The Rec. 32 of the directive explicitly states that one of its objectives is to achieve more sustainable consumption patterns and a circular economy. This article analyses whether and to what extent this motive is reflected in the black letter rules of the directive (the previous directive on consumer sales contracts constitutes a point of reference). The work begins with a general assessment of the interplay between the values the directive is meant to protect. The impact that the values at hand may have on the interpretation of the directive’s provisions is diagnosed (with a focus on the influence of the choice of the method of harmonization on the interpretation process). The study covers ecology-related issues emerging in the context of durability requirements, objective conformity requirements stemming from various quality standards, reparability of the good, consumers rights under the directive and the interplay between the general private law rules and the directive’s norms. Based on the analysis, the first conclusions regarding the ecological effectiveness of the directive are made. Although directive 2019/711 announces striving for the achievement of sustainable consumption and a circular economy as one of its aims, within its black letter provisions no significant changes are introduced in comparison to its predecessor. The EU legislature has correctly diagnosed some (but not all) areas where modifications should be made to ensure sustainable consumption within the consumer market. Nevertheless, no significant changes in their regard were introduced. As a result, the interpretation of the directive’s provisions through the prism of the ecology-related values should be applied to ensure that this regulatory intervention brings about the intended change to the consumer sales law.

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