Directive 2019/771/EU, which repealed Directive 1999/44/EC, and Directive 2019/770/EU, completely rewrote and extended the rules on conformity guarantees that professional sellers are required to offer to consumer purchasers for lack of conformity, with a view to harmonising certain aspects concerning contracts for the sale of goods and for the supply of digital content and digital services. The European legislator has taken as a base a high level of consumer protection, in order to achieve a genuine digital single market and increase legal certainty. The present contribution aims at analysing the contents of the new discipline of the conformity guarantee, trying to highlight the main novelties of the reformed regulation, concerning the sale of goods, and the differences with the totally new regulation of the supply of digital contents and digital services. In particular, it will examine the applicative prerequisites of the legal conformity guarantee, the very notion of conformity and finally the remedies offered to the consumer against the lack of conformity of the purchased good or digital product.
The conformity of goods, digital content and digital services with the contract in EU law
Marina Pianoforte
2022-01-01
Abstract
Directive 2019/771/EU, which repealed Directive 1999/44/EC, and Directive 2019/770/EU, completely rewrote and extended the rules on conformity guarantees that professional sellers are required to offer to consumer purchasers for lack of conformity, with a view to harmonising certain aspects concerning contracts for the sale of goods and for the supply of digital content and digital services. The European legislator has taken as a base a high level of consumer protection, in order to achieve a genuine digital single market and increase legal certainty. The present contribution aims at analysing the contents of the new discipline of the conformity guarantee, trying to highlight the main novelties of the reformed regulation, concerning the sale of goods, and the differences with the totally new regulation of the supply of digital contents and digital services. In particular, it will examine the applicative prerequisites of the legal conformity guarantee, the very notion of conformity and finally the remedies offered to the consumer against the lack of conformity of the purchased good or digital product.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
