Rules on contracts for the sale of goods between sellers and consumers

 

SUMMARY OF:

Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods

WHAT IS THE AIM OF THE DIRECTIVE?

It aims to ensure proper functioning of the internal market, while providing consumers with a high level of protection. It does so by laying down certain common rules on sales contracts between sellers and consumers.

These cover:

KEY POINTS

The legislation applies to sales contracts* between a consumer and a seller for the supply of goods*.

The legislation does not apply to:

Sellers must ensure goods delivered to the consumer conform with the sales contract by:

Sellers are liable for any lack of conformity which becomes apparent within 2 years of delivery. During the first year, the consumer does not have to prove that the defect existed at the time of delivery.

For goods with digital elements:

If goods are defective (‘lack of conformity’), consumers are entitled to the following remedies:

Commercial guarantees:

EU COUNTRIES MAY:

EU countries:

The European Commission submits a report to the European Parliament, the Council and the European Economic and Social Committee by 12 June 2024 on implementation of the directive.

Repeal

Directive (EU) 2019/771 repeals and replaces Directive 1999/44/EC (Consumer Sales and Guarantees Directive — CSGD) as of 1 January 2022.

FROM WHEN DOES THE DIRECTIVE APPLY?

EU countries have to apply the rules from 1 January 2022.

BACKGROUND

KEY TERMS

Sales contract: a contract where the seller transfers ownership of goods to a consumer in exchange for a price.
Goods:
Digital content: data produced and supplied in digital form.
Digital service:

MAIN DOCUMENT

Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, pp. 28-50)

RELATED DOCUMENTS

Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, pp. 1-27)

Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market (OJ L 168, 30.6.2017, pp. 1-11)

Successive amendments to Regulation (EU) 2017/1128 have been incorporated into the original document. This consolidated version is of documentary value only.

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 (OJ L 171, 7.7.1999, pp. 12-16)

See consolidated version.

last update 10.09.2019