Contratti di vendita di beni conformi 2019/0771 EN

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 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

(18) This Directive should not affect national law to the extent that the matters concerned are not regulated by this Directive, in particular with regard to the legality of the goods, damages and general contract law aspects such as the formation, validity, nullity or effects of contracts.
The same should apply in relation to the consequences of the termination of the contract and to certain aspects regarding repair and replacement that are not regulated in this Directive.
When regulating the rights of parties to withhold the performance of their obligations or part thereof until the other party performs its obligations, Member States should remain free to regulate the conditions and modalities regarding the withholding of payment of the price by the consumer.
Member States should also remain free to regulate the consumer's entitlement to compensation for damage suffered as a consequence of an infringement by the seller of this Directive.
This Directive should also not affect national rules that do not specifically concern consumer contracts and provide for specific remedies for certain types of defects that were not apparent at the time of conclusion of the sales_contract, namely national provisions which may lay down specific rules for the seller's liability for hidden defects.
This Directive should also not affect national laws providing for non-contractual remedies for the consumer, in the event of lack of conformity of goods, against persons in previous links of the chain of transactions, for example manufacturers, or other persons that fulfil the obligations of such persons.

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(20) Member States should remain free to regulate information obligations of the seller in connection with the conclusion of the contract or the duty of the seller to warn the consumer about, for instance, certain characteristics of the good, the suitability of materials provided by the consumer or possible disadvantages resulting from specific requests of the consumer, for example a request by the consumer to use a specific fabric for the tailoring of a ball gown.

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(30) In addition to contractually agreed updates, the seller should also provide updates, including security updates, in order to ensure that goods with digital elements remain in conformity.
The seller's obligation should be limited to updates which are necessary for such goods to maintain their conformity with the objective and subjective requirements for conformity laid down in this Directive.
Unless the parties have contractually agreed otherwise, the seller should not be obliged to provide upgraded versions of the digital_content or digital_service of the goods or to improve or extend the functionalities of goods beyond the conformity requirements.
If an update provided by the seller, or by a third party supplying the digital_content or digital_service under the sales_contract, causes a lack of conformity of the good with digital elements, the seller should be liable for bringing the good into conformity again.
The consumer should remain free to choose whether to install the updates provided.
Where the consumer decides not to install the updates which are necessary for the goods with digital elements to maintain their conformity, the consumer should however not expect such goods to remain in conformity.
The seller should inform the consumer that the consumer's decision not to install updates which are necessary for keeping the goods with digital elements in conformity, including security updates, will affect the seller's liability for conformity of those features of the goods with digital elements which the relevant updates are supposed to maintain in conformity.
This Directive should not affect obligations to provide security updates laid down in other Union law or in national law.

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(53) In order to maintain a balance between the rights and obligations of the contracting parties, the consumer should enjoy the right to terminate the contract only in cases where the lack of conformity is not minor.

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(56) This Directive should not lay down provisions on where the obligations of a debtor have to be performed.
This Directive should, therefore, neither specify the place of delivery, nor prescribe where the repair or replacement should take place; such questions should be left to national law.

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keyboard_tab Contratti di vendita di beni conformi 2019/0771 EN

Contratti di vendita di beni conformi 2019/0771 EN