Legal review of the remedies of the Directive (EU) 2019/771 of 20 May 2019
Keywords:
Directive 2019/771, Directive sales of goods, Lack of conformity, Hierarchy of remedies, Full harmonization, Digital Single Market Strategy, Distance sales, Consumer sales, Consumer’s fault, Mitigation of harm, Further damageAbstract
The European Union adopted the Directive (EU) 2019/771of the European Parliament and of the Council, of 20 May 2019, on certain aspects concerning contracts for the sale of goods (CSD), which repeals the Directive 1999/44/EC of the European parliament and of the Council, of 25 may 1999, on certain aspects of the sale of consumer goods and associated guarantees. The CSD comprises the full harmonisation and, following the principles of the Directive 1999/44/EC, it lays down a hierarchy of remedies to cure the lack of conformity. Nonetheless, despite the fact that the CSD is focused on the distance sales, it does not provide rules for controversial cases: the place where the consumer must make goods available to the seller, the distribution of the shipping costs into the parties where the faulty good is far away from the seller’s business place and the consequences for delays in fulfilling the seller’s obligation to perform the remedies.
