Contratti di vendita di beni conformi 2019/0771 EN

The seller shall deliver goods to the consumer that meet the requirements set out in Articles 6, 7 and 8, where applicable, without prejudice to Article 9.

Article 6

Subjective requirements for conformity

In order to conform with the sales_contract, the goods shall, in particular, where applicable:

(a)	be of the description, type, quantity and quality, and possess the functionality, compatibility, interoperability and other features, as required by the sales_contract;

(b)	be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the latest at the time of the conclusion of the sales_contract, and in respect of which the seller has given acceptance;

(c)	be delivered with all accessories and instructions, including on installation, as stipulated by the sales_contract; and

(d)	be supplied with updates as stipulated by the sales_contract.

Article 7

Objective requirements for conformity

1. In addition to complying with any subjective requirement for conformity, the goods shall:

(a)	be fit for the purposes for which goods of the same type would normally be used, taking into account, where applicable, any existing Union and national law, technical standards or, in the absence of such technical standards, applicable sector-specific industry codes of conduct;

(b)	where applicable, be of the quality and correspond to the description of a sample or model that the seller made available to the consumer before the conclusion of the contract;

(c)	where applicable, be delivered along with such accessories, including packaging, installation instructions or other instructions, as the consumer may reasonably expect to receive; and

(d)

be of the quantity and possess the qualities and other features, including in relation to durability, functionality, compatibility and security normal for goods of the same type and which the consumer may reasonably expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller, or other persons in previous links of the chain of transactions, including the producer, particularly in advertising or on labelling.

2. The seller shall not be bound by public statements, as referred to in point (d) of paragraph 1 if the seller shows that:

(a)	the seller was not, and could not reasonably have been, aware of the public statement in question;

(b)	by the time of conclusion of the contract, the public statement had been corrected in the same way as, or in a way comparable to how, it had been made; or

(c)	the decision to buy the goods could not have been influenced by the public statement.

3. In the case of goods with digital elements, the seller shall ensure that the consumer is informed of and supplied with updates, including security updates, that are necessary to keep those goods in conformity, for the period of time:

(a)	that the consumer may reasonably expect given the type and purpose of the goods and the digital elements, and taking into account the circumstances and nature of the contract, where the sales_contract provides for a single act of supply of the digital_content or digital_service; or

(b)	indicated in Article 10(2) or (5), as applicable, where the sales_contract provides for a continuous supply of the digital_content or digital_service over a period of time.

4. Where the consumer fails to install within a reasonable time updates supplied in accordance with paragraph 3, the seller shall not be liable for any lack of conformity resulting solely from the lack of the relevant update, provided that:

(a)	the seller informed the consumer about the availability of the update and the consequences of the failure of the consumer to install it; and

(b)	the failure of the consumer to install or the incorrect installation by the consumer of the update was not due to shortcomings in the installation instructions provided to the consumer.

5. There shall be no lack of conformity within the meaning of paragraph 1 or 3 if, at the time of the conclusion of the sales_contract, the consumer was specifically informed that a particular characteristic of the goods was deviating from the objective requirements for conformity laid down in paragraph 1 or 3 and the consumer expressly and separately accepted that deviation when concluding the sales_contract.

Article 13

Remedies for lack of conformity

1. In the event of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity or to receive a proportionate reduction in the price, or to terminate the contract, under the conditions set out in this Article.

2. In order to have the goods brought into conformity, the consumer may choose between repair and replacement, unless the remedy chosen would be impossible or, compared to the other remedy, would impose costs on the seller that would be disproportionate, taking into account all circumstances, including:

(a)	the value the goods would have if there were no lack of conformity;

(b)	the significance of the lack of conformity; and

(c)	whether the alternative remedy could be provided without significant inconvenience to the consumer.

3. The seller may refuse to bring the goods into conformity if repair and replacement are impossible or would impose costs on the seller that would be disproportionate, taking into account all circumstances including those mentioned in points (a) and (b) of paragraph 2.

4. The consumer shall be entitled to either a proportionate reduction of the price in accordance with Article 15 or the termination of the sales_contract in accordance with Article 16 in any of the following cases:

(a)	the seller has not completed repair or replacement or, where applicable, has not completed repair or replacement in accordance with Article 14(2) and (3), or the seller has refused to bring the goods into conformity in accordance with paragraph 3 of this Article;

(b)	a lack of conformity appears despite the seller having attempted to bring the goods into conformity;

(c)	the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the sales_contract; or

(d)	the seller has declared, or it is clear from the circumstances, that the seller will not bring the goods into conformity within a reasonable time, or without significant inconvenience for the consumer.

5. The consumer shall not be entitled to terminate the contract if the lack of conformity is only minor. The burden of proof with regard to whether the lack of conformity is minor shall be on the seller.

6. The consumer shall have the right to withhold payment of any outstanding part of the price or a part thereof until the seller has fulfilled the seller's obligations under this Directive. Member States may determine the conditions and modalities for the consumer to exercise the right to withhold the payment.

7. Member States may regulate whether and to what extent a contribution of the consumer to the lack of conformity affects the consumer's right to remedies.

Article 17

Commercial guarantees

1. Any commercial_guarantee shall be binding on the guarantor under the conditions laid down in the commercial_guarantee statement and associated advertising available at the time, or before the conclusion, of the contract. Under the conditions laid down in this Article and without prejudice to any other applicable provisions of Union or national law, where a producer offers to the consumer a commercial_guarantee of durability for certain goods for a certain period of time, the producer shall be liable directly to the consumer, during the entire period of the commercial_guarantee of durability for repair or replacement of the goods in accordance with Article 14. The producer may offer to the consumer more favourable conditions in the commercial_guarantee of durability statement.

If the conditions laid out in the commercial_guarantee statement are less advantageous to the consumer than those laid down in the associated advertising, the commercial_guarantee shall be binding under the conditions laid down in the advertising relating to the commercial_guarantee, unless, before the conclusion of the contract, the associated advertising was corrected in the same way or in a comparable way to that in which it was made.

2. The commercial_guarantee statement shall be provided to the consumer on a durable_medium at the latest at the time of the delivery of the goods. The commercial_guarantee statement shall be expressed in plain, intelligible language. It shall include the following:

(a)	a clear statement that the consumer is entitled by law to remedies from the seller free_of_charge in the event of a lack of conformity of the goods and that those remedies are not affected by the commercial_guarantee;

(b)	the name and address of the guarantor;

(c)	the procedure to be followed by the consumer to obtain the implementation of the commercial_guarantee;

(d)	the designation of the goods to which the commercial_guarantee applies; and

(e)	the terms of the commercial_guarantee.

3. Non-compliance with paragraph 2 shall not affect the binding nature of the commercial_guarantee for the guarantor.

4. Member States may lay down rules on other aspects concerning commercial_guarantees which are not regulated in this Article, including rules on the language or languages in which the commercial_guarantee statement is to be made available to the consumer.

Article 27

Addressees

This Directive is addressed to the Member States.

Done at Brussels, 20 May 2019.

For the European Parliament

The President

A. TAJANI

For the Council

The President

G. CIAMBA

(1) OJ C 264, 20.7.2016, p. 57.

(2) Position of the European Parliament of 26 March 2019 (not yet published in the Official Journal) and decision of the Council of 15 April 2019.

(3) Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).

(4) Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12).

(5) Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6).

(6) Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital_content and digital_services (see page 1 of this Official Journal).

(7) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).

(8) Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).

(9) Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests (OJ L 110, 1.5.2009, p. 30).

(10) OJ C 369, 17.12.2011, p. 14.

ANNEX

CORRELATION TABLE

Directive 1999/44/EC	This Directive
Article 1(1)	Article 1
Article 1(2)(a)	Article 2, point (2)
Article 1(2)(b), first indent	Article 3(4)(b)
Article 1(2)(b), second and third indents	Article 2, point (5)(a)
Article 1(2)(c)	Article 2, point (3)
Article 1(2)(d)	Article 2, point (4)
Article 1(2)(e)	Article 2, point (12)
Article 1(3)	Article 2, point (15) and Article 3(5)(a)
Article 1(4)	Article 3(2)
Article 2(1)	Article 5
Article 2(2)(a)	Article 6, point (a) and Article 7(1)(b)
Article 2(2)(b)	Article 6, point (b)
Article 2(2)(c)	Article 7(1)(a)
Article 2(2)(d)	Article 7(1)(d)
Article 2(3)	Article 7(5)
Article 2(4)	Article 7(2)
Article 2(5)	Article 8
Article 3(1)	Article 10(1)
Article 3(2)	Article 13(1)
Article 3(3), first subparagraph	Article 13(2) and Article 14(1)(a)
Article 3(3), second subparagraph	Article 13(2)
Article 3(3), third subparagraph	Article 14(1)(b) and (c)
Article 3(4)	Article 2, point (14)
Article 3(5)	Article 13(4)
Article 3(6)	Article 13(5)
Article 4	Article 18
Article 5(1)	Article 10(1), (2), (3), (4) and (5)
Article 5(2)	Article 12
Article 5(3)	Article 11
Article 6(1)	Article 17(1)
Article 6(2)	Article 17(2)
Article 6(3)	Article 17(2)
Article 6(4)	Article 17(4)
Article 6(5)	Article 17(3)
Article 7(1), first subparagraph	Article 21(1)
Article 7(1), second subparagraph	Article 10(6)
Article 7(2)	—
Article 8(1)	Article 3(6) and (7)
Article 8(2)	Article 4
Article 9	Articles 19 and 20
Article 10	Article 22
Article 11(1), first subparagraph	Article 24(1), first subparagraph
Article 11(1), second subparagraph	Article 24(1), third subparagraph
Article 11(2)	Article 24(1), fourth subparagraph
Article 12	Article 25
Article 13	Article 26
Article 14	Article 27

whereas

(5) Technological evolution has led to a growing market for goods that incorporate or are inter-connected with digital_content or digital_services.
Due to the increasing number of such devices and their rapidly growing uptake by consumers, action at Union level is needed in order to ensure that there is a high level of consumer protection and to increase legal certainty as regards the rules applicable to contracts for the sale of such products.
Increasing legal certainty would help to reinforce the trust of consumers and sellers.

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(6) Union rules applicable to the sales of goods are still fragmented, although rules on delivery conditions and, as regards distance or off-premises contracts, pre-contractual information requirements and the right of withdrawal have already been fully harmonised by Directive 2011/83/EU of the European Parliament and of the Council (3).
Other key contractual elements, such as the conformity criteria, the remedies for a lack of conformity with the contract and the main modalities for their exercise, are currently subject to minimum harmonisation under Directive 1999/44/EC of the European Parliament and of the Council (4).
Member States have been allowed to go beyond the Union standards and introduce or maintain rules that ensure that an even higher level of consumer protection is achieved.
In doing so, they have acted on different elements and to different extents.
Thus, national provisions transposing Directive 1999/44/EC significantly diverge today on essential elements, such as the absence or existence of a hierarchy of remedies.

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(10) This Directive should cover rules applicable to the sales of goods, including goods with digital elements, only in relation to key contract elements needed to overcome contract-law related barriers in the internal market.
For this purpose, rules on requirements for conformity, remedies available to consumers for a lack of conformity of the goods with the contract and on the main modalities for their exercise should be fully harmonised, and the level of consumer protection, as compared to Directive 1999/44/EC, should be increased.
Fully harmonised rules on some essential elements of consumer contract law would make it easier for businesses, especially SMEs, to offer their products in other Member States.
Consumers would benefit from a high level of consumer protection and welfare gains by fully harmonising key rules.

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keyboard_tab Contratti di vendita di beni conformi 2019/0771 EN

Contratti di vendita di beni conformi 2019/0771 EN