NEW ! Commission Communication on the Implementation of the Directive on Sale of Consumer Goods and Guarantees

The purpose of the Communication is to examine how Member States have implemented the Directive. It includes an analysis of the case for introducing direct producers’ liability.

This Communication forms part of the process of reviewing the consumer acquis.

The Directive on Sale of Consumer Goods and Guarantees aims to harmonise those parts of consumer sale contract law that concern legal guarantees (warranties) and, to a lesser extent, commercial guarantees.

Its main element is that the seller has to guarantee the conformity of the goods with the contract for a period of two years after the delivery of the goods. Certain standards exist for assessing when conformity can be assumed and when not.

If the goods are not delivered in conformity with the sales contract, consumers can ask for the goods to be repaired, replaced, reduced in price or for the contract to be rescinded.

The final seller, who is responsible to the consumer, can also hold the producer liable in their business relationship.

Member States can require consumers to inform the seller of the lack of conformity within two months after its discovery. A commercial guarantee must be clearly drafted and indicate what rights it gives on top of consumers' legal guarantees.

All Member States were required to implement the directive into their national law by 1 January 2002, and were allowed to  adopt more stringent provisions in favour of the consumer.

  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