91999E2082

WRITTEN QUESTION E-2082/99

by Roberta Angelilli (UEN) to the Commission

(12 November 1999)

Subject: Restrictions to the Apple warranty in Italy

The Apple computer company guarantees its products on the Italian market with a warranty which is limited to one year and which excludes software. Software is an essential part of a high-technology computer package.

Article 2 of Directive 93/13/EEC(1) of 5 April 1993 stipulates what is meant by unfair terms in contracts and prohibits such terms, deeming them to be vexatious. Moreover, it is specifically provided that all limitations of individual rights shall be expressly accepted by the consumer, who is required to sign a separate document to that effect. Apple in Italy does not comply with this provision.

In the light of the above:

1. does the Commission not consider Apple's Italian warranty to be contrary to the aforementioned directive?

2. does it not think it would be advisable to approach the competent authorities with a view to ensuring that the EU consumer rights are protected?

3. can it give its general opinion on the matter?

(1) OJ L 95, 21.4.1993, p. 29.

Answer given by Mr Byrne on behalf of the Commission

(8 December 1999)

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts defines the meaning of unfair contractual terms and establishes that such clauses are not to be part of consumer contracts.

Article 3 (1) of the Directive states A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties rights and obligations arising under the contract, to the detriment of the consumer'. Moreover, the Annex to this Directive contains an indicative and non exhaustive list of the terms which may be regarded as unfair.

The Directive has been implemented in Italy and is now incorporated in national legislation. Therefore, the application of the Directive in Italy is a matter for the national courts there. These courts may refer, if necessary, to the European Court, for guidance in this context.

Hence, it seems appropriate for citizens to obtain specific legal advice in Italy or to submit this case to the relevant national authorities there.