CELEX: 51995PC0520
Language: en
Date: 1996-06-18
Title: Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE on the sale of consumer goods and associated guarantees

Avis juridique important

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51995PC0520

Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE on the sale of consumer goods and associated guarantees  /* COM/95/0520 FINAL - COD 96/0161 */  

Official Journal C 307 , 16/10/1996 P. 0008

Proposal for a European Parliament and Council Directive on the sale  of consumer goods and associated guarantees (96/C  307/09) (Text with EEA relevance) COM(95) 520  final - 96/0161(COD)(Submitted by the Commission on 23 August 1996) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 100a  thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the Economic and Social Committee, Acting in accordance with the procedure referred to in Article 189b of the Treaty, Whereas the internal market comprises an area without internal frontiers in which the free movement  of goods, persons, services and capital is guaranteed; whereas free movement of goods concerns not  only persons acting in the course of business but also private individuals; whereas it implies that  consumers resident in one Member State should be free to purchase goods in the territory of another  Member State on the basis of a minimum set of fair rules governing the purchase of consumer goods; Whereas the laws of the Member States concerning the sale of consumer goods are quite disparate,  with the result that national consumer goods markets differ from one another and that competition  between sellers may be distorted; Whereas consumers who are keen to benefit from the large market by purchasing goods in Member  States other than their State of residence play a fundamental role in the completion of the  internal market by preventing the artificial reconstruction of new frontiers and the  compartmentalization of markets; whereas these opportunities have been greatly broadened by new  communication technologies which allow ready access to distribution systems in other Member States  or at international level; whereas in the absence of minimum harmonization of the rules governing  the purchase of consumer goods, the development of the sale of goods through the medium of new  distance communication technologies risks being impeded; Whereas the creation of a common minimum corpus of consumer law, valid no matter where goods are  purchased within the Community, will further strengthen consumer confidence and enable consumers to  make the most of the internal market; Whereas the main difficulties encountered by consumers and the main source of disputes with sellers  concern the non-conformity of goods with the contract; whereas it is therefore appropriate to  approximate national legislation governing the sale of consumer goods in this respect, without  however impinging on provisions and principles of national law relating to contractual and  non-contractual liability; Whereas the goods must, above all, conform with the contractual specifications; whereas the notion  of conformity with the contract may be considered as common to the different national legal  traditions; whereas the seller should be directly liable to the consumer for the conformity of the  goods with the contract; whereas this is the traditional solution enshrined in the legal orders of  the Member States; whereas, nevertheless, the seller should be free to pursue remedies against his  own seller or the producer when the non-conformity is the result of an act of commission or  omission on their part; Whereas, in the case of non-conformity of the product with the contract, consumers should be  entitled to request that the product be repaired or replaced, or to a reduction in the price paid  by way of damages or cancellation of the contract of sale; whereas, however, exercise of these  rights should be limited in time and time limits laid down during which these rights may be invoked  against the seller; Whereas, in the interest of a stable business environment and good faith in the relations between  the Contracting Parties, it should be incumbent on the consumer to notify the seller of any  non-conformity he detects within a short period; whereas in order to allow the parties to reach  amicable settlements without immediately having to institute legal proceedings to safeguard their  rights the limitation period should be interrupted once the consumer draws attention to the lack of  conformity of the goods; Whereas it is current practice, for certain categories of goods, for sellers and producers to offer  guarantees on their products designed to insure consumers against any defect which becomes manifest  within a certain period; whereas this practice can stimulate competition; whereas, however, these  guarantees may be a simple publicity ploy and deceive the consumer; whereas to ensure market  transparency certain common principles applicable to the guarantees offered by the economic  operators should be laid down; Whereas the rights granted to consumers should not be excludable by common consent between the  parties since otherwise the legal protection afforded would be vitiated; whereas consumers should  always be entitled to rely on the rights resulting from this Directive or any other applicable  national provision, even if they accept the implementation of the guarantee; whereas consumer  protection resulting from this Directive should not be reduced on the grounds that the law of a  non-member country is applicable to the contract; Whereas legislation and case-law in this area in the various Member States show that there is  growing concern to ensure a high level of consumer protection; whereas in the light of these trends  and the experience acquired in implementing this Directive it may be necessary to envisage more  far-reaching harmonization, notably by stipulating the producer's direct liability for defects for  which he is responsible; Whereas Member States must be allowed to adopt or maintain in force more stringent provisions, in  the field covered by this Directive, to ensure a yet higher level of consumer protection, HAVE ADOPTED THIS DIRECTIVE: Article 1 Scope and definitions 1.  The purpose of this Directive is the approximation of the laws, regulations and administrative  provisions of the Member States on the sale of consumer goods and associated guarantees in order to  ensure a uniform minimum level of consumer protection in the context of the internal market. 2.  For the purposes of this Directive, (a) Consumer means any natural person who, in the contracts covered by this Directive, is acting  for purposes which are not directly related to his trade, business or profession; (b) Consumer goods means any goods, excluding buildings, normally intended for final use or  consumption; (c) Seller means any natural or legal person who sells consumer goods in the course of his trade,  business or profession; (d) Guarantee means any additional undertaking given by a seller or producer, over and above the  legal rules governing the sale of consumer goods, to reimburse the price paid, to exchange, repair  or handle a product in any way, in the case of non-conformity of the product with the contract. Article 2 Conformity with the contract 1.  Consumer goods must be in conformity with the contract of sale. 2.  Goods shall be deemed to be in conformity with the contract if, at the moment of delivery to  the consumer: (a) they comply with the description given by the seller and possess the qualities of the goods  which the seller has held out to the consumer as a sample or model; (b) they are fit for the purposes for which goods of the same type are normally used; (c) they are fit for any particular purpose for which the consumer requires them and which he had  made known to the seller at the time of conclusion of the contract, except where the circumstances  show that the buyer did not rely on the seller's explanations; (d) their quality and performance are satisfactory given the nature of the goods and the price paid  and taking into account the public statements made about them by the seller, the producer or his  representative. 3.  Any lack of conformity resulting from incorrect installation of the goods shall be considered  to be equivalent to lack of conformity of the goods with the contract, if the goods were installed  by the seller or under his responsibility. Article 3 Obligations of the seller 1.  The seller shall be liable to the consumer for any lack of conformity which exists when the  goods are delivered to the consumer and which becomes manifest within a period of two years unless,  at the moment of conclusion of the contract of sale, the consumer knew or could not be unaware of  the lack of conformity. 2.  When the goods are not in conformity with the public statements made by the producer or his  representative, the seller shall not be liable if: - the seller shows that he did not know and could not reasonably know the statement in question, - the seller shows that at the time of sale he corrected the statement, or - the seller shows that the decision to buy the goods could not have been influenced by the  statement. 3.  Until proof of the contrary any lack of conformity which becomes manifest within six months of  delivery shall be presumed to have existed at the time of delivery, unless this presumption is  incompatible with the nature of the goods or the nature of the lack of conformity. 4.  When a lack of conformity is notified to the seller, pursuant to Article 4, the consumer shall  be entitled to ask the seller either to repair the goods free of charge within a reasonable period,  or to replace the goods, when this is possible, or to demand an appropriate price reduction or  rescission of the contract. Excercise of the right of rescission or replacement of the good is  limited to one year. Member States may provide that the scope of the rights referred to in the first subparagraph be  limited in the case of a minor lack of conformity. 5.  When the final seller is liable to the consumer because of a lack of conformity resulting from  an act of commission or omission by the producer, a previous seller in the same chain of contracts  or any other intermediary, the final seller shall be entitled to pursue remedies against the  responsible person, under the conditions laid down by national law. Article 4 Obligations of the consumer 1.  In order to benefit from the rights referred to in Article 3 (4) the consumer must notify the  seller of any lack of conformity within a period of one month from the date on which he detected  the lack of conformity or ought normally to have detected it. 2.  Notifications made pursuant to paragraph 1 shall interrupt the limitation period provided for  in Article 3 (4). Article 5 Guarantees 1.  Any guarantee offered by a seller or producer shall legally bind the offerer under the  conditions laid down in the guarantee document and the associated advertising and must place the  beneficiary in a more advantageous position than that resulting from the rules governing the sale  of consumer goods set out in the national provisions applicable. 2.  The guarantee must feature in a written document which must be freely available for  consultation before purchase and must clearly set out the essential particulars necessary for  making claims under the guarantee, notably the duration and territorial scope of the guarantee, as  well as the name and address of the guarantor. Article 6 Binding nature of the provisions 1.  Any contractual terms or agreements concluded with the seller before notification of the lack  of conformity which waive or restrict the rights resulting from this Directive shall not be binding  on the consumer. 2.  Member States shall take the necessary measures to ensure that, irrespective of the law  applicable to the contract, and when the contract has a close connection with the territory of the  Member States, consumers are not deprived of the protection afforded by this Directive. Article 7 National law and minimum protection 1.  The rights resulting from this Directive shall be exercised without prejudice to other rights  which the consumer may rely on under the national rules governing contractual or non-contractual  liability. 2.  Member States may adopt or maintain in force more stringent provisions, compatible with the  Treaty, in the field covered by this Directive, to ensure a higher level of consumer protection. Article 8 Transposition 1.  Member States shall bring into force the laws, regulations and administrative provisions  necessary to comply with this Directive not later than .  .  .  (*). They shall immediately inform  the Commission thereof. When Member States adopt these provisions, these shall contain a reference to this Directive, or  shall be accompanied by such reference at the time of their official publication. The procedure for  such reference shall be adopted by Member States. 2.  Member States shall communicate to the Commission the provisions of national law which they  adopt in the field covered by this Directive. Article 9 Entry into force This Directive shall enter into force on the 20th day following that of its publication in the  Official Journal of the European Communities. Article 10 Addressees This Directive is addressed to the Member States.(*) Two years after its  publication in the Official Journal of the European Communities.