Sale of consumer goods and guarantees - 28.06.2011

By the means of the judgement issued on the last 16 June 2011, the European Court of Justice decided on the matter relating to the sale of consumer goods and associated guarantees. The said decision has furnished an interpretation of the community discipline which regulates this matter - Directive 1999/44/EC -, specifically in the part relating to the cases of non-conformity of the purchased good with the contract (defected good) and to the existence for the seller of possible obligations concerning the replacement of the good itself.

According to the Court, granted that the consumer was in good faith before the defect became apparent, where the goods are actually defected, “the seller is obliged…to remove the goods from where they were installed and to install the replacement goods there”. On contrary (should not the goods be replaced), the seller, however, shall bear the cost of the concrete removal and installation of the replacement goods. Moreover, these obligations exist regardless of whether or not the seller is obliged under the contract of sale to install the consumer goods originally purchased.

Therefore, it appears quite clear how the Court wanted to give an effective practical content to the community discipline and to the first Whereas of the said Directive, according to which the Community should contribute “to the achievement of a high level of consumer protection”.

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