The Directive on the Sale of Consumer Goods and Associated Guarantees — A Milestone in the European Consumer and Private Law

Abstract

The wide scope Directive on the Sale of Consumer Goods and Associated Guarantees (Directive 99/44/EC, dated 25. May 1999) is the most important consumer legislation adopted by the European Community. Furthermore, this Directive concerns one of the core areas of every national private law. This Directive is destined to be a milestone on the path to a unified European private law. It aims to improve the functioning of the internal market and to protect the consumer. Its scope is determined by the definitions of "consumer" and "seller" and it covers contracts of sale of consumer goods. Goods have to conform to the contract. The seller is liable where defective goods are delivered to the consumer. In such an event, the remedies of replacement, repair, rescission of the contract and price reduction are available to the consumer. The lack of conformity has to become apparent within two years as from delivery of the goods. The Directive includes a shift of the burden of proof in favour of the consumer. Member States have the possibility to introduce an obligation on the consumer to notify the defect within a set time period. The final seller has a right of redress against the person liable in the contractual chain. The Directive contains also a number of transparency obligations concerning commercial guarantees.

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