keyboard_tab Contratti di vendita di beni conformi 2019/0771 EN

(2) Article 26(1) and (2) of the Treaty on the Functioning of the European Union (TFEU) provide that the Union is to adopt measures with the aim of establishing or ensuring the functioning of the internal market, which is to comprise an area without internal frontiers in which the free movement of high_tag_cloud' title='definition'> high_tag_cloud' title='definition'>goods and services is ensured.

  Article 169(1) and point (a) of Article 169(2) TFEU provide that the Union is to contribute to the attainment of a high level of high_tag_cloud' title='definition'>consumer protection through measures adopted pursuant to Article 114 TFEU in the context of the completion of the internal market. Τhis Directive aims to strike the right balance between achieving a high level of high_tag_cloud' title='definition'>consumer protection and promoting the competitiveness of enterprises, while ensuring respect for the principle of subsidiarity.

(3) Certain aspects concerning contracts for the sale of high_tag_cloud' title='definition'> high_tag_cloud' title='definition'>goods should be harmonised, taking as a base a high level of high_tag_cloud' title='definition'>consumer protection, in order to achieve a genuine digital single market, increase legal certainty and reduce transaction costs, in particular for small and medium-sized enterprises (‘SMEs’).

(5) Technological evolution has led to a growing market for high_tag_cloud' title='definition'> high_tag_cloud' title='definition'>goods that incorporate or are inter-connected with high_tag_cloud' title='definition'>digital_content or high_tag_cloud' title='definition'>digital_services.

  Due to the increasing number of such devices and their rapidly growing uptake by high_tag_cloud' title='definition'>consumers, action at Union level is needed in order to ensure that there is a high level of high_tag_cloud' title='definition'>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 high_tag_cloud' title='definition'>consumers and high_tag_cloud' title='definition'>sellers.

(6) Union rules applicable to the sales of high_tag_cloud' title='definition'> high_tag_cloud' title='definition'>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 high_tag_cloud' title='definition'>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.

(8) While high_tag_cloud' title='definition'>consumers enjoy a high level of protection when they purchase from abroad as a result of the application of Regulation (EC) No 593/2008, legal fragmentation also negatively affects high_tag_cloud' title='definition'>consumers' levels of confidence in cross-border transactions.

  While several factors contribute to this mistrust, uncertainty about key contractual rights ranks prominently among high_tag_cloud' title='definition'>consumers' concerns.

  This uncertainty exists independently of whether or not high_tag_cloud' title='definition'>consumers are protected by the mandatory high_tag_cloud' title='definition'>consumer contract law rules of their own Member State in the event that high_tag_cloud' title='definition'>sellers direct their cross-border activities to them, or of whether or not high_tag_cloud' title='definition'>consumers conclude cross-border contracts with high_tag_cloud' title='definition'>sellers without the respective high_tag_cloud' title='definition'>seller pursuing commercial activities in the high_tag_cloud' title='definition'>consumer's Member State.

(10) This Directive should cover rules applicable to the sales of high_tag_cloud' title='definition'> high_tag_cloud' title='definition'>goods, including high_tag_cloud' title='definition'> high_tag_cloud' title='definition'>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 high_tag_cloud' title='definition'>consumers for a lack of conformity of the high_tag_cloud' title='definition'> high_tag_cloud' title='definition'>goods with the contract and on the main modalities for their exercise should be fully harmonised, and the level of high_tag_cloud' title='definition'>consumer protection, as compared to Directive 1999/44/EC, should be increased.

  Fully harmonised rules on some essential elements of high_tag_cloud' title='definition'>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 high_tag_cloud' title='definition'>consumer protection and welfare gains by fully harmonising key rules.

(46) Member States should be allowed to maintain or introduce provisions stipulating that, in order to benefit from the high_tag_cloud' title='definition'>consumer's rights, the high_tag_cloud' title='definition'>consumer has to inform the high_tag_cloud' title='definition'>seller of a lack of conformity within a period not shorter than two months from the date on which the high_tag_cloud' title='definition'>consumer detected such lack of conformity.

  Member States should be allowed to ensure that high_tag_cloud' title='definition'>consumers have a higher level of protection, by not introducing such an obligation.