Consumer Sales Directive - 1999/44/EU

Question 1

CSD - key notes

Answer 1

• minimum harmonisation
• scope: harmonisation of legal guarantees (warranties) and commercial guarantees
• ex officio checking, if in scope (Froukje Faber)
• harmonised sanctions

Question 2

Ikea-clause

Answer 2

Art. 2 (5)

Question 3

Strict liability of seller

Answer 3

Art. 3(1)

• > Art. 4: redress to producer
• > Art. 2 (3): exception if consumer was aware

Question 4

Conformity

Answer 4

Defined in Art. 2 (2, 5)

Question 5

Time limits

Answer 5

Strict liability:

• at delivery (Art. 3 (1))
• after 6 months of delivery (Art. 5 (3))

Mandatory period of liability: 2 years (Art. 5 (1)) and 1 year exception for second-hand goods (Art. 7 (1))

Question 6

Remedies

Answer 6

Art. 3 (3):
1st level: repair or replacement (Quelle, Gebr. Weber and Putz)

Art. 3 (5, 6):
2nd level: price reduction or rescission of contract (not allowed to be decided by national court -> Duarte Hueros)