keyboard_tab Contratti di vendita di beni conformi 2019/0771 EN
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- article 100
- directive 17
- council 13
- shall 11
- european 11
- parliament 11
- point 11
- subparagraph 10
- goods 8
- consumer 7
- digital_content 7
- contracts 5
- states 5
- third 5
- //ec 5
- sales_contract 5
- first 5
- apply 5
- this 5
- member 4
- supply 4
- directive 4
- rights 4
- second 4
- consumers 3
- digital_service 3
- national 3
- certain 3
- between 3
- regulation 3
- seller 3
- aspects 3
- such 3
- inter-connected 3
- incorporated 3
- from 3
- digital_services 3
- affect 3
- specific 3
- contract 2
- rules 2
- lack 2
- nullity 2
- freedom 2
- right 2
- december 2
- scope 2
- apparent 2
- remedies 2
- articles 2
Article 3
Scope
1. This Directive shall apply to sales_contracts between a consumer and a seller.
2. Contracts between a consumer and a seller for the supply of goods to be manufactured or produced shall also be deemed sales_contracts for the purpose of this Directive.
3. This Directive shall not apply to contracts for the supply of digital_content or digital_services. It shall, however, apply to digital_content or digital_services which are incorporated in or inter-connected with goods in the meaning of point (5)(b) of Article 2, and are provided with the goods under the sales_contract, irrespective of whether such digital_content or digital_service is supplied by the seller or by a third party. In the event of doubt as to whether the supply of incorporated or inter-connected digital_content or an incorporated or inter-connected digital_service forms part of the sales_contract, the digital_content or digital_service shall be presumed to be covered by the sales_contract.
4. This Directive shall not apply to:
(a) | any tangible medium which serves exclusively as a carrier for digital_content; or |
(b) | any goods sold by way of execution or otherwise by authority of law. |
5. Member States may exclude from the scope of this Directive contracts for the sale of:
(a) | second-hand goods sold at public_auction; and |
(b) | living animals. |
In the case referred to in point (a), clear and comprehensive information that the rights deriving from this Directive do not apply shall be made easily available to consumers.
6. This Directive shall not affect the freedom of Member States to regulate aspects of general contract law, such as rules on the formation, validity, nullity or effects of contracts, including the consequences of the termination of a contract, in so far as they are not regulated in this Directive, or the right to damages.
7. This Directive shall not affect the freedom of Member States to allow consumers to choose a specific remedy, if the lack of conformity of the goods becomes apparent within a period after delivery, not exceeding 30 days. In addition, this Directive shall not affect national rules not specific to consumer contracts providing for specific remedies for certain types of defects that were not apparent at the time of conclusion of the sales_contract.
Article 9
third-party rights
Where a restriction resulting from a violation of any right of a third party, in particular intellectual property rights, prevents or limits the use of the goods in accordance with Articles 6 and 7, Member States shall ensure that the consumer is entitled to the remedies for lack of conformity provided for in Article 13, unless national law provides for the nullity or rescission of the sales_contract in such cases.
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