Abstract
This paper is focused on some issues regarding the performance of the remedies granted by the Directive (EU) 2019/771 on certain aspects concerning contract for the sale of goods (CSD). Article 14.2 (1) CSD states that the consumer must make goods available to the seller to bring them into conformity. However, the location where this should take place is not regulated by the CSD and has to be determined by national law. Any national rule on this issue must be interpreted in the light of article 14.1 CSD which states that all remedies shall be carried out without significant inconvenience to either party. The relevant criteria to determine the location where the consumer should fulfill his obligation depends on the nature of the good. The nature of the good is fundamental in determining the location where the consumer’s obligation should be fulfilled.
Furthermore, in regard to shipping costs, the CSD states that all remedies should be fulfilled free of charge even in cases where shipping costs are extremely high. Thus, article 14.1 CSD may not be proportionate for all cases, especially in such cases where the faulty good is located some distance away from the seller’s place of business. In such cases, the consumer shall offer to cover the excess costs following the principles of case C-65/09Gebr. Weber GmbH and Jürgen Wittmer. If the seller does not consider the consumer’s offer reasonable, the consumer shall be entitled to claim for a price reduction or the termination of the contract. Moreover, regarding shipping costs, the paper offers an interpretation for article 14.2 (2) CSD and mentions the seller’s obligation to cover waste disposal costs or recycling costs for the replaced good.
Furthermore, in regard to shipping costs, the CSD states that all remedies should be fulfilled free of charge even in cases where shipping costs are extremely high. Thus, article 14.1 CSD may not be proportionate for all cases, especially in such cases where the faulty good is located some distance away from the seller’s place of business. In such cases, the consumer shall offer to cover the excess costs following the principles of case C-65/09Gebr. Weber GmbH and Jürgen Wittmer. If the seller does not consider the consumer’s offer reasonable, the consumer shall be entitled to claim for a price reduction or the termination of the contract. Moreover, regarding shipping costs, the paper offers an interpretation for article 14.2 (2) CSD and mentions the seller’s obligation to cover waste disposal costs or recycling costs for the replaced good.
Original language | Spanish |
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Pages (from-to) | 1-8 |
Number of pages | 8 |
Journal | Diario La Ley |
Issue number | 9697 |
Publication status | Published - 16 Sept 2020 |
Keywords
- Hierarchy of remedies
- Remedies for lack of conformity
- Lack of conformity
- Shipping
- Goods not in conformity
- Directive 2019/771/EU
- Consumer law
- European consumer law
- European private law
- Consumer Sales Directive