keyboard_tab Contratti di vendita di beni conformi 2019/0771 EN
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- article 103
- goods 28
- consumer 18
- commercial_guarantee 17
- directive 15
- council 14
- means 13
- european 13
- parliament 12
- person 11
- which 11
- shall 10
- subparagraph 10
- point 9
- statement 8
- conformity 6
- down 6
- seller 6
- producer 6
- laid 5
- first 5
- conditions 5
- remedies 5
- contract 5
- advertising 5
- certain 5
- time 5
- //ec 5
- digital 5
- purposes 4
- digital_content 4
- directive 4
- ability 4
- under 4
- guarantor 4
- service 4
- second 4
- associated 4
- rules 4
- durability 4
- acting 3
- hardware 3
- trade 3
- concerning 3
- union 3
- from 3
- legal 3
- protection 3
- allows 3
- contracts 3
Article 1
Subject matter and purpose
The purpose of this Directive is to contribute to the proper functioning of the internal market while providing for a high level of consumer protection, by laying down common rules on certain requirements concerning sales_contracts concluded between sellers and consumers, in particular rules on the conformity of goods with the contract, remedies in the event of a lack of such conformity, the modalities for the exercise of those remedies, and on commercial_guarantees.
Article 2
Definitions
For the purposes of this Directive, the following definitions apply:
(1) | ‘ sales_contract’ means any contract under which the seller transfers or undertakes to transfer ownership of goods to a consumer, and the consumer pays or undertakes to pay the price thereof; |
(2) | ‘ consumer’ means any natural person who, in relation to contracts covered by this Directive, is acting for purposes which are outside that person's trade, business, craft or profession; |
(3) | ‘ seller’ means any natural person or any legal person, irrespective of whether privately or publicly owned, that is acting, including through any other person acting in that natural or legal person's name or on that person's behalf, for purposes relating to that person's trade, business, craft or profession, in relation to contracts covered by this Directive; |
(4) | ‘ producer’ means a manufacturer of goods, an importer of goods into the Union or any person purporting to be a producer by placing its name, trade mark or other distinctive sign on the goods; |
(5) | ‘ goods’ means:
|
(6) | ‘ digital_content’ means data which are produced and supplied in digital form; |
(7) | ‘ digital_service’ means:
|
(8) | ‘ compatibility’ means the ability of the goods to function with hardware or software with which goods of the same type are normally used, without the need to convert the goods, hardware or software; |
(9) | ‘ functionality’ means the ability of the goods to perform their functions having regard to their purpose; |
(10) | ‘ interoperability’ means the ability of the goods to function with hardware or software different from those with which goods of the same type are normally used; |
(11) | ‘ durable_medium’ means any instrument which enables the consumer or the seller to store information addressed personally to that person in a way that is accessible for future reference, for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored; |
(12) | ‘ commercial_guarantee’ means any undertaking by the seller or a producer (the guarantor) to the consumer, in addition to the seller's legal obligation relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract; |
(13) | ‘ durability’ means the ability of the goods to maintain their required functions and performance through normal use; |
(14) | ‘ free_of_charge’ means free of the necessary costs incurred in order to bring the goods into conformity, particularly the cost of postage, carriage, labour or materials; |
(15) | ‘ public_auction’ means a method of sale where goods or services are offered by the seller to consumers, who attend or are given the possibility to attend the auction in person, through a transparent, competitive bidding procedure run by an auctioneer and where the successful bidder is bound to purchase the goods or services. |
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 25
Review
The Commission shall, not later than 12 June 2024, review the application of this Directive, including its provisions on remedies and burden of proof — also with respect to second-hand goods as well as goods sold at public_auctions — and the producer's commercial_guarantee of durability, and submit a report to the European Parliament, to the Council and to the European Economic and Social Committee. The report shall assess in particular whether the application of this Directive and Directive (EU) 2019/770 ensures a consistent and coherent framework for the proper functioning of the internal market with regard to the supply of digital_content, digital_services and goods with digital elements in line with principles governing Union policies. The report shall be accompanied, where appropriate, by legislative proposals.
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).
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