15.07.2022

Consumer warranty – changes to the consumer rights act to be implemented in 2022.

The upcoming changes are related to the implementation of 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 (OJ UE L 136 of 22.05.2019, page  1 and OJ UE L 305 of 26.11.2019, page  60; the “Digital Directive”) and Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods amending Regulation (EU) 2017/2394 and Directive 2009/22/EC and repealing Directive 1999/44/EC (OJ UE L 136 of 22.05.2019, page 28 and OJ UE L 305 of 26.11.2019, page 63; the “Goods Directive”).

The main objective of both directives is to contribute to the proper functioning of the internal market, as well as to ensure a high level of consumer protection and harmonisation of regulations across the EU countries.

At present, we are only discussing a bill (i.e. a bill amending the Consumer Rights Act and certain other laws), and therefore it should be borne in mind that the final form of the legislation may still be different. However, it should already be noted that in 2022, significant changes to consumer rights legislation are to be expected, which are to be implemented by the European Union countries in their laws.

Key changes

An important change in the drafted bill is the introduction of a new type of statutory warranty, i.e. a consumer warranty, and the incorporation of its provisions in the Consumer Rights Act, and not in the Civil Code, as it was the case so far.

Consumer warranty will be based on the concept of goods’ non-conformity with the contract and not on the concept of a physical or legal defect of the goods, as it was the case in the Civil Code. Also, the conditions for the goods’ conformity with the contract under the bill will be described in more detail than at present, which is expected to avoid some of the disputes concerning the scope of obligations imposed on entrepreneurs.

Primarily new is the introduction of a hierarchy of consumer protection measures.

The consumer will first have the right to demand that the goods are restored to conformity with the contract, either by repair or replacement. Only afterwards, if the repair or replacement turns out to be, for example, uneconomical, the consumer will be able to exercise further rights, i.e. demand a price reduction or withdraw from the contract.

Similarly to now, the consumer will not be able to withdraw from the contract if the non-conformity of the goods with the contract is insignificant. However, the bill introduces a presumption in favour of the consumer that the non-conformity of the goods with the contract is substantial.

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