Contratti di vendita di beni conformi 2019/0771 EN

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2019/0771 EN Art. 22 . Output generated live by software developed by IusOnDemand srl

index :

Article 1 Subject matter and purpose

Article 2 Definitions

Article 3 Scope

Article 4 Level of harmonisation

Article 5 Conformity of goods

Article 6 Subjective requirements for conformity

Article 7 Objective requirements for conformity

Article 8 Incorrect installation of the goods

Article 9 Third-party rights

Article 10 Liability of the seller

Article 11 Burden of proof

Article 12 Obligation to notify

Article 13 Remedies for lack of conformity

Article 14 Repair or replacement of the goods

Article 15 Price reduction

Article 16 Termination of the sales contract

Article 17 Commercial guarantees

Article 18 Right of redress

Article 19 Enforcement

Article 20 Consumer information

Article 21 Mandatory nature

Article 22 Amendments to Regulation (EU) 2017/2394 and Directive 2009/22/EC

Article 23 Repeal of Directive 1999/44/EC

Article 24 Transposition

Article 25 Review

Article 26 Entry into force

Article 27 Addressees

whereas :

definitions:

digital content

digital service

interoperability

commercial guarantee

cloud tag:

and the number of total unique words without stopwords is: 21

Article 22

Amendments to Regulation (EU) 2017/2394 and Directive 2009/22/EC

(1) In the Annex to Regulation (EU) 2017/2394, point 3 is replaced by the following:

‘3.	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, p. 28).’;

(2) In Annex I to Directive 2009/22/EC, point 7 is replaced by the following:

‘7.	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, p. 28).’.

whereas

(1) In order to remain competitive on global markets, the Union needs to i...

(2) Article 26(1) and (2) of the Treaty on the Functioning of the European...

(3) Certain aspects concerning contracts for the sale of goods should be h...

(4) E-commerce is a key driver for growth within the internal market. Howe...

(5) Technological evolution has led to a growing market for goods that inc...

(6) Union rules applicable to the sales of goods are still fragmented, alt...

(7) Existing disparities can adversely affect businesses and consumers. Pu...

(8) While consumers enjoy a high level of protection when they purchase fr...

(9) While online sales of goods constitute the vast majority of cross-bord...

(10) This Directive should cover rules applicable to the sales of goods, in...

(11) This Directive complements Directive 2011/83/EU. While Directive 2011/...

(12) This Directive should only apply to tangible movable items that consti...

(13) This Directive and Directive (EU) 2019/770 of the European Parliament ...

(14) The term ‘ goods’ as provided for under this Directive should be un...

(15) This Directive should apply to contracts for the sale of goods, includ...

(16) In contrast, if the absence of the incorporated or inter-connected dig...

(17) For the purpose of legal clarity this Directive should lay down a defi...

(18) This Directive should not affect national law to the extent that the m...

(19) This Directive should not affect the freedom of Member States to allow...

(20) Member States should remain free to regulate information obligations o...

(21) Member States should also remain free to extend the application of the...

(22) The definition of a consumer should cover natural persons who are acti...

(23) This Directive should apply to any contract whereby the seller transfe...

(24) In order to balance the need for legal certainty with an appropriate f...

(25) In order to provide clarity as to what a consumer can expect from the ...

(26) Therefore, the goods should comply with the requirements agreed betwee...

(27) The notion of functionality should be understood to refer to the ways ...

(28) Given that the digital_content or digital_services incorporated in or ...

(29) In order to be in conformity, the goods should not only comply with th...

(30) In addition to contractually agreed updates, the seller should also pr...

(31) In principle, in the case of goods with digital elements whereby the d...

(32) Ensuring longer durability of goods is important for achieving more su...

(33) Under this Directive, the seller should be obliged to deliver to the c...

(34) A large number of goods have to be installed before they can be used e...

(35) Conformity should cover material defects as well as legal defects. Res...

(36) In order to ensure that there is sufficient flexibility in the rules, ...

(37) Enhancing legal certainty for both consumers and sellers requires a cl...

(38) This Directive should not regulate the meaning of ‘delivery’, whic...

(39) Goods with digital elements should be deemed to have been delivered to...

(40) Where goods require installation by the seller, the consumer in certai...

(41) In order to ensure that there is legal certainty for sellers and overa...

(42) For reasons of coherence with the existing national legal systems, Mem...

(43) As regards certain aspects, different treatment of second-hand goods c...

(44) This Directive should not regulate the conditions under which the liab...

(45) For a period of one year, or for a period of two years if Member State...

(46) Member States should be allowed to maintain or introduce provisions st...

(47) In order to increase legal certainty and to eliminate one of the major...

(48) As regards bringing goods into conformity, consumers should enjoy a ch...

(49) The seller should be allowed to refuse to bring the goods into conform...

(50) When a lack of conformity becomes apparent, the consumer should inform...

(51) If repair or replacement have not provided the consumer with a proper ...

(52) In certain situations, it could be justified that the consumer should ...

(53) In order to maintain a balance between the rights and obligations of t...

(54) Member States should be able to regulate the conditions under which th...

(55) In order to protect consumers against the risk of extended delays, any...

(56) This Directive should not lay down provisions on where the obligations...

(57) Where the seller brings the good into conformity by replacement, the c...

(58) In order to make the right to terminate effective for consumers, in si...

(59) Where the consumer terminates the contract due to the lack of conformi...

(60) This Directive should not affect the freedom of Member States to regul...

(61) The principle of the seller's liability for damages is an essential el...

(62) In order to ensure that there is transparency, certain requirements as...

(63) Considering that the seller is liable towards the consumer for any lac...

(64) Persons or organisations regarded under national law as having a legit...

(65) Nothing in this Directive should prejudice the application of rules of...

(66) Directive 1999/44/EC should be repealed. The date of repeal should be ...

(67) The Annex to Regulation (EU) 2017/2394 of the European Parliament and ...

(68) Annex I to Directive 2009/22/EC of the European Parliament and of the ...

(69) In accordance with the Joint Political Declaration of 28 September 201...

(70) Since the objective of this Directive, namely to contribute to the fun...

(71) It is appropriate for the Commission to review the application of this...

(72) This Directive respects the fundamental rights and freedoms and observ...