Lack of conformity of goods with the contract and sustainability issue – Directive (EU) 2019/771

Abstract

This paper analyses the provisions of Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods from the sustainability perspective. In order to determine whether the legal solutions enshrined in the mentioned Directive represent a novelty, the paper also focuses on the provisions of Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees. This article aims to assess the contribution of Directive (EU) 2019/771 to achieving more sustainable consumption patterns. The issues covered concern the requirements of conformity, the legal guarantee period, the obligation to provide spare parts, the primary and secondary set of remedies, the commercial guarantee, and the expected future steps toward the amendments to Directive (EU) 2019/771. Although Directive (EU) 2019/771 explicitly mentions achieving more sustainable consumption patterns and a circular economy and encouraging sustainable consumption, it may be stated that these notions are not considered to a sufficient extent. Namely, the right to repair is not prioritised over the right to a replacement, while the obligation to provide spare parts is not included among the objective requirements of conformity. The opportunity granted to the Member States to allow the consumer to opt for a specific remedy if the lack of conformity appears within a period not exceeding 30 days after the delivery may be considered another example of neglecting the mentioned notions.