ANALYSIS OF DIRECTIVES ON CONSUMER PROTECTION – EU FUNDED
1. PURPOSE OF THIS DIRECTIVE
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 (“the Directive”) which entered into force in all Member States (“MS”) on 1 January 2022, aims to contribute to the smooth functioning of the internal market and to set a high level of protection for consumers in relation to sales contracts concluded between consumers and sellers and provides for rules relating to the conformity of goods with the sales contract, possibility of redress in the event of lack of such conformity, the means of exercising remedies and commercial warranties. The primary purpose is to place on traders a duty to guarantee the products they make available to consumers by also including goods available on the market with digital elements thus protecting consumers not only from hardware defects but also from software defects. An additional intention of the legislator in addition to the protection of consumers, as derived from the Directive, is also the protection of the environment since through the guarantees provided, microlife of the products is indirectly prohibited.
LEVEL OF HARMONISATION: The Directive is of maximum harmonization, since one of its main objectives is to strengthen the legal certainty required in order to strengthen the confidence of consumers (in the product market and especially in the cross-border product market) and sellers (especially in their establishment but also when they make their products available in other Member States). In the recitals of the Directive, it seems that the argument is strongly put forward that the differences in the way of application of legislative rules on the sale of goods between Member States, may negatively affect businesses and consumers since businesses may be burdened with additional compliance costs as a result of which they prefer to operate in the domestic market.
By laying down uniform rules across sales channels (personal contact sales and distance sales, etc) the Directive aims to avoid any divergence that would create disproportionate burdens for the growing number of omni-channel retailers in the Union.
SCOPE: The directive applies to sales contracts between a consumer and a seller as this is defined below.
CONSUMER: A consumer is any natural person who, in relation to contracts covered by this Directive, is acting for purposes which are outside that person’s trade, business, craft or profession. In case the consumer acts for a dual purpose, it is left to the Member States to decide whether the contract falls within the Directive. Also, MSs may, if they wish, extend the protection provided by the Directive to non-consumers such as government organisations, start-ups or SMEs.
SELLER: According to article 2 of the Directive, “seller” means any natural person or any legal person, irrespective of whether privately or publicly owned, that is acting, including through any other person acting in that natural or legal person’s name or on that person’s behalf, for purposes relating to that person’s trade, business, craft or profession, in relation to contracts covered by the Directive.
Platform providers are also sellers within the scope of this Directive if they act for purposes relating to their own business activity and they act as the consumer’s direct counterparties for the sale of goods. It is noted that MSs remain free to extend the application of the Directive to platform providers that do not meet the requirements to qualify as “sellers”.
SALES CONTRACT: Based on the Directive, a “sales contract” means any contract under which the seller transfers or undertakes to transfer ownership of goods to a consumer, and the consumer pays or undertakes to pay the price. If the sales contract contains a service (eg installation of goods), it is up to each MS to decide whether it falls within the definition of a sales contract. The Directive does not refer to the transfer of the risk of the goods, nor to issues of breach of contract for delay in delivery. These matters are covered by Directive 2011/83/EU:
Α. Therefore, risk in respect of products shipped to the consumer is transferred to the consumer only when the consumer or a third party designated by the consumer has obtained physical possession of the goods.
Β. Regarding delivery, the goods must be delivered within 30 days of the conclusion of the contract unless the parties have agreed otherwise. If they are not delivered within said period, the consumer must give an additional period in accordance with the circumstances of the case and in case the trader does not deliver within this second period, the consumer is entitled to terminate the contract.
The goods covered by the Directive may be existing or goods to be manufactured or produced in the future and they include:
a) any tangible movable items. It is noted that water, gas and electricity are to be considered as goods within the meaning of this Directive when they are put for sale in a limited volume or a set quantity and
b) any tangible movable items that incorporate or are inter-connected with digital content or a digital service in such a way that the absence of that digital content or digital service would prevent the goods from performing their functions (“goods with digital elements”).
DIGITAL CONTENT: According to article 2(6) of the Directive, “digital content”, means data which are produced and supplied in digital form and may be pre-installed at the time of the contract of sale or, where the contract so provides, may be installed subsequently.
DIGITAL SERVICE: According to article 2(7) of the Directive, «digital service» is:
- a service that allows the consumer to create, process, store or access data in digital form;
- a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the consumer or other users of that service.
Digital services include software provided in a cloud computing environment, the continuous provision of traffic data to a navigation system, or the continuous provision of personalized training programs in the case of a smart watch.
It is important to note that, based on Article 3(3), the Directive does not apply to contracts for the provision of digital content or digital services except where these are provided with goods as mentioned above. Whether the provision of the digital content or digital service embedded in or interconnected with the goods forms part of the contract of sale with the seller should depend on the content of every contract. Such is the case where (a) it is expressly provided for in the contract, or (b) where a good is expected to include embedded or interconnected digital content or services, or (c) where there have been public statements by the seller or other persons at earlier stages of the transaction chain, including the producer, about such content or services. The fact that the consumer would have to download some software to his or her phone in order for the smart watch to work makes the smart watch a “digital good” under the Directive since the application is considered an “interconnected digital item.”
In case of doubt as to whether the provision of embedded or interconnected digital content or an embedded or interconnected digital service is part of the sales contract, the digital content or digital service shall be presumed to be covered by the sales contract.
WHEN DOES THE DIRECTIVE NOT APPLY: Under Article 3(4), the Directive does 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.
The MSs have the option to exclude from the scope of the Directive, sales contracts for second-hand goods sold at public auctions and live animals. It should be noted that the Directive is without prejudice to national law to the extent that the relevant issues are not regulated by it, such as the legality of goods, damages and aspects of general contract law, such as the formation, validity, nullity or effects of contracts.
2. SUBSTANTIVE PROVISIONS
2.1. Compliance of goods
According to Article 5 of the Directive, the seller is obliged to deliver to the consumer goods that comply with the requirements of the Directive. Recital 29 of the Directive states that:
«Conformity should be assessed, inter alia, by considering the purpose for which goods of the same type would normally be used, whether they are supplied with the accessories and instructions that the consumer can reasonably expect to receive or whether they correspond to the sample or model that the seller made available to the consumer. The goods should also possess the qualities and features which are normal for goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statement made by or on behalf of the seller or other persons in previous links of the chain of transactions.»
Compliance requirements are divided into subjective and objective requirements. It should be noted that the Directive allows sellers to offer consumers rights that go beyond those provided for in the Directive.
2.1.1. Subjective Conformity Requirements
The subjective conformity requirements are contained in Article 6 of the Directive and relate to matters agreed between the consumer and the seller on the basis of communication between them (irrespective of how the communication was made – whether by description, instructions, dissemination of information, etc.). This article states that for goods to be considered as compliant with the terms of the sales contract, the goods must, where applicable:
«a) be of the description, type, quantity and quality, and possess the functionality, compatibility, interoperability and other features, as required by the sales contract
b) be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the latest at the time of the conclusion of the sales contract, and in respect of which the seller has given acceptance
c) be delivered with all accessories and instructions, including on installation, as stipulated by the sales contract; and
d) be supplied with updates as stipulated by the sales contract.»
Furthermore, to the extent that any pre-contractual statement forming part of the sales contract contains specific information on durability, the consumer should be able to rely on it in the context of subjective compliance criteria. It is important to state that the requirements in the contract which are deemed to have been agreed include those arising from the pre-contractual information under Directive 2011/83/EU since such information forms an integral part of the contract of sale.
2.1.2. Objective Conformity Requirements
Article 7(1) concerns the objective conformity requirements. The objective requirements are in fact implied terms of the contract which apply to all contracts for the sale of consumer goods. Under Article 7(1), the goods must:
«a) be fit for the purposes for which goods of the same type would normally be used, taking into account, where applicable, any existing Union and national law, technical standards or, in the absence of such technical standards, applicable sector-specific industry codes of conduct·
b) where applicable, be of the quality and correspond to the description of a sample or model that the seller made available to the consumer before the conclusion of the contract·
c) where applicable, be delivered along with such accessories, including packaging, installation instructions or other instructions, as the consumer may reasonably expect to receive; and
d) be of the quantity and possess the qualities and other features, including in relation to durability, functionality, compatibility and security normal for goods of the same type and which the consumer may reasonably expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller, or other persons in previous links of the chain of transactions, including the producer, particularly in advertising or on labelling..»
INFORMATION RELATING TO GOODS WITH DIGITAL ELEMENTS: In the case of goods with digital elements, the seller must ensure that the consumer is informed of and supplied with updates, including security updates, that are necessary to keep those goods in conformity:
«a) that the consumer may reasonably expect given the type and purpose of the goods and the digital elements, and taking into account the circumstances and nature of the contract, where the sales contract provides for a single act of supply of the digital content or digital service; or
b) indicated in Article 10(2) or (5), as applicable, where the sales contract provides for a continuous supply of the digital content or digital service over a period of time.»
It is noted that, where the consumer fails to install updates supplied in accordance with paragraph 3 within a reasonable time, the seller is not liable for any lack of conformity resulting solely from the non-installation or defective installation of the relevant update, provided that:
«a) the seller informed the consumer about the availability of the update and the consequences of the failure of the consumer to install it; and
b) the failure of the consumer to install or the incorrect installation by the consumer of the update was not due to shortcomings in the installation instructions provided to the consumer.»
PUBLIC STATEMENTS: Article 7(1)(d) of the Directive states that the seller is not bound by public statements if the seller proves that:
«a) the seller was not, and could not reasonably have been, aware of the public statement in question;
b) by the time of conclusion of the contract, the public statement had been corrected in the same way as, or in a way comparable to how, it had been made; or
c) the decision to buy the goods could not have been influenced by the public statement.»
EXCLUSION OF LIABILITY: According to Article 7(5) of the Directive, the seller is allowed to inform the consumer specifically that a particular characteristic of the goods deviated from the objective conformity requirements. Article 7(5) states that:
«There shall be no lack of conformity within the meaning of paragraph 1 or 3 if, at the time of the conclusion of the sales contract, the consumer was specifically informed that a particular characteristic of the goods was deviating from the objective requirements for conformity laid down in paragraph 1 or 3 and the consumer expressly and separately accepted that deviation when concluding the sales contract.»
2.1.3. Incorrect Installation of the goods
As a general rule, the seller is not liable for the installation of goods except where this has been agreed. If this has been agreed, but due to the defective installation of the goods there is a lack of conformity, the seller is liable. Furthermore, any lack of conformity resulting from:
«…the incorrect installation of the digital content or digital service incorporated in or inter-connected with the goods, should be regarded as a lack of conformity, where the installation was performed by the seller or under the seller’s control.»
Where the installation was carried out by the consumer and the goods show a lack of conformity due to shortcomings in the installation instructions provided by the seller or, in the case of goods with digital elements, by the seller or by the provider of the digital content or service, then the seller is also liable.
2.1.4. 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 according to the contract, MSs ensure that in such cases 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.
2.2. Period of the Seller’s Liability
PERIOD OF LIABILITY: Based on Article 10(1) of the Directive, the seller shall be liable to the consumer for any lack of conformity which exists at the time when the goods were delivered and which becomes apparent within two years of that time. The same applies in relation to goods with digital elements, but there is no reference to whether the 2-year period starts to run from the day the digital elements or the service is loaded onto the goods. However, it appears from recital 39 of the Directive that the supply of goods with digital content is deemed to take place when the physical elements of the goods have been delivered and the individual act of supplying the digital content or service has been carried out or the continuous supply of the digital content or service over a period of time has begun.
It is noted that where the contract provides for the continuous provision of digital content or service for more than two years, the seller is liable for any non-compliance of the digital content or service that arises or becomes apparent within the period during which the digital content or service must be provided under the sales contract. This means that account is taken of the period of time during which the consumer can reasonably expect to receive updates taking into account the circumstances and the nature of the sales contract. According to recital 36 of the Directive.:
«…A consumer would normally expect to receive updates for at least as long as the period during which the seller is liable for a lack of conformity, while in some cases the consumer’s reasonable expectation could extend beyond that period, as might be the case particularly with regard to security updates. In other cases, for instance as regards goods with digital elements the purpose of which is limited in time, the seller’s obligation to provide updates would normally be limited to that time.»
INSTALLATION: If the goods are installed by the seller without the consumer being able to use the goods or detect the defect before installation, delivery is deemed to have taken place after installation has been completed.
USED GOODS: The same liability period applies to second-hand goods unless the MSs decide that this period can be shorter than two years – provided that it is not shorter than one year. It is noted that the liability period may be extended by the MSs without any limitation.
2.3. Remedies for lack of conformity
There are various ways in which the seller is obliged to provide a remedy to the consumer in case of non-compliance of the goods. Article 13(1) firstly mentions restoration of the conformity of the goods, secondly, reduction of the price and thirdly, termination of the contract in accordance with the terms of Article 13.
RIGHT OF WITHHOLDING PAYMENT: Before exercising the above rights, the consumer is entitled to the right to withhold the balance of the price or part of it until the seller has fulfilled his obligations under the Directive. Member States may determine the conditions and the ways in which the consumer may exercise the right of withhold payment.
2.3.1. Restoration of Conformity
The restoration of conformity can be achieved in two ways: repair or replacement of the goods. Article 14 contains the details of these rights. According to Article 14(1), repair or replacement is carried out.:
«a) free of charge·
b) within a reasonable period of time from the moment the seller has been informed by the consumer about the lack of conformity; And
c) without any significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer required the goods.»
It should be noted that although the Directive provides for the repair of the goods, it does not oblige sellers to ensure the availability of spare parts during a certain period of time.
Where the non-compliance is remedied by repair or replacement of the goods, the consumer makes the goods available to the seller and the seller recovers them at his own expense.
INSTALLATION: Special provision is made in cases where the goods have been installed in a manner consistent with their nature and purpose before the non-compliance becomes apparent under Article 14(3). In such cases:
« the obligation to repair or replace the goods shall include the removal of the non-conforming goods, and the installation of replacement goods or repaired goods, or bearing the costs of that removal and installation.»
ORDINARY USE OF GOODS: In cases where the consumer uses goods which are not in conformity with the contract, the Directive states (thereby adopting what was mentioned in Case C-404/06 – Quelle AG) that the consumer is not obliged to pay for their normal use during the period preceding their replacement.
WHEN IS RESTORATION OF CONFORMITY NOT POSSIBLE: According to Article 13(2) the restoration of conformity is not possible when:
«…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 the 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 means of redress could be completed without significant inconvenience to the consumer.»
For example, it may be disproportionate to require the replacement of goods because of a small mark if the replacement would incur significant costs and the mark could be easily repaired.
Under Article 13(3), repair or replacement is also impossible if the seller justifiably refuses. Such is the case where «the 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.» For example, when the goods are located in a place other than the place where they were originally delivered, the shipping and transport costs could be disproportionate for the seller. In such a case, it does not mean that the consumer is left without a remedy – it simply means that the consumer is entitled to the other remedies which may be more beneficial to the consumer.
2.3.2. Price Reduction
According to Article 15, the reduction of the price «is proportionate to the decrease in the value of the goods which were received by the consumer compared to the value the goods would have if they were in conformity» with the contract.
The possibility to reduce the price is available under Article 13(4) in 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. »
Relevant to points (a) and (b) is paragraph 52 of the preamble which states the following:
«Where the seller has taken action to bring the goods into conformity but a lack of conformity becomes apparent subsequently, it should be objectively determined whether the consumer should accept further attempts by the seller to bring the goods into conformity, taking into account all the circumstances of the case, such as the type and the value of the goods, and the nature and the significance of the lack of conformity. In particular, for expensive or complex goods it could be justified to allow the seller another attempt to remedy the lack of conformity. It should also be taken into account whether the consumer can be expected to maintain confidence in the ability of the seller to bring the goods into conformity or not, for instance, due to the same problem appearing twice.»
In relation to point 13(4)(d), the MSs must interpret the meaning of «of reasonable time for completing repair or replacement, by providing for fixed periods that could generally be considered reasonable for repair or replacement, in particular with regard to specific categories of products»
2.3.3. Termination of the contract.
Termination of the contract is permissible for the same reasons as those provided for a reduction of the price. Thus, the consumer may terminate the contract instead of requesting a reduction of the price except where the lack of conformity is minor. According to Article 13(5) of the Directive, the burden of proving that the lack of conformity is minor lies with the seller.
METHOD OF EXERCISE: According to Article 16(1) of the Directive, «the consumer shall exercise the right to terminate the sales contract by means of a statement to the seller expressing the decision to terminate the sales contract.» At the time the termination right is exercised, the consumer must (a) return the goods to the seller at the seller’s expense and (b) the seller must refund the price to the consumer. MSs are free to provide for time limits for the return of the price or goods.
NON-CONFORMING GOODS: Where the non-compliance concerns only some of the goods delivered under the sales contract and there are grounds for termination, the consumer may terminate the entire sales contract if it is not reasonable to expect the consumer to agree to keep only the compliant goods.
2.3.4. Commercial Guarantees
A positive addition to the Directive is the introduction of rules on commercial guarantees. This was because there was the potential for consumer confusion as there was no clear distinction between a legal guarantee and a commercial guarantee. The commercial guarantee is independent of and additional to the legal guarantee, the latter being automatically granted to the consumer. In the event that a person on the side of the sales chain decides to provide a commercial guarantee, this is considered to be additional to the legal guarantee.
According to the Directive, a “commercial guarantee” is:
«any undertaking by the seller or a producer (the guarantor) to the consumer, in addition to the seller’s legal obligation relating to the guarantee of conformity, to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at the time of, or before the conclusion of the contract·»
According to Article 17(1) the commercial guarantee is binding on the guarantor under the conditions set out in the commercial guarantee statement and in the relevant advertisement existing at the time of or before the conclusion of the sales contract.
Where a producer provides a commercial guarantee to the consumer regarding the durability of certain goods for a certain period of time, the producer is directly liable to the consumer for the duration of the commercial guarantee regarding durability, for the repair or replacement of the goods. If advertising is more favourable than the terms of the commercial guarantee, then the producer is bound by the advertising rather than by the less favourable terms of the commercial guarantee. This is unless prior to the conclusion of the sales contract the relevant advertisement had been corrected in the same or a similar manner to the one that took place.
WHAT IS INCLUDED: Under Article 17(2), the commercial guarantee statement is provided to the consumer on a durable medium at the time of delivery of the goods the latest. A fixed medium is:
«any instrument which enables the consumer or the seller to store information addressed personally to that person in a way that is accessible for future reference, for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored·»
The commercial guarantee statement shall be in plain and intelligible language and shall include the following:
«a) a clear statement that the consumer is entitled by law to remedies from the seller free of charge in the event of a lack of conformity of the goods and that those remedies are not affected by the commercial guarantee;
b) the name and address of the guarantor;
c) the procedure to be followed by the consumer to obtain the implementation of the commercial guarantee;
d) the designation of the goods to which the commercial guarantee applies; and
e) the terms of the commercial guarantee
2.3.5. Right of Redress
According to Article 18 of the Directive, if a seller is liable to a consumer for lack of conformity for which a person at an earlier stage in the transaction chain is responsible, it gives the seller the right to seek redress from the person or persons responsible in the transaction chain. Note that failure to provide updates to goods with digital data under Article 7(3) is included in the failures that give the seller the right to bring a claim against another person in the chain.
It is noted that MSs may adopt rules for allowing the consumer to act directly against against a person responsible in the transaction chain.
2.3.6. Mandatory Nature
According to Article 21 of the Directive, any contractual agreement which, to the detriment of the consumer, excludes the application of the Directive, derogates from it or alters its effect before the lack of conformity of the goods has been brought to the seller’s attention by the consumer, is not binding on the consumer.
Based on the above article, there are two things to note. First, it is permissible for a consumer to disclaim liability later on when he becomes aware of the compliance and second, it is permissible for producers in the chain of agreements to disclaim liability to persons in that chain other than consumers. It is also recalled that under Article 7(5) of the Directive, the seller may exclude liability for breach of the objective compliance requirements when this is done by specific notification to the consumer.
2.3.7. Examination of certain matters by the Court
Useful guidance on the examination of certain issues relating to this Directive is provided by the case law of the CJEU, which was based on the repealed Directive 1999/44/EC. Our view is that case law based on the repealed Directive 1999/44/EC, remains relevant.
SELF-EXAMINATION IF THE PURCHASER IS A CONSUMER: According to judgment C497/13, a national court seized of a dispute concerning a contract which may fall within the scope of the repealed directive must, where it has the legal or factual elements necessary for that purpose or can obtain those elements through a simple request for clarification, ascertain whether the purchaser can be classified as a consumer within the meaning of that directive, even if the purchaser has not relied on that status.
EXAMINATION OF INFRINGEMENT OF THE DIRECTIVE ON THE COURT’S OWN MOTION: The national court is also obliged to examine on its own motion whether the provisions of the repealed directive have been infringed. This was decided in case C-32/12 and confirmed in case C 377/14:
«…it is appropriate to note that the Court has recalled on a number of occasions the obligation of national courts to examine of their own motion infringements of EU consumer protection legislation (see, to that effect, with regard to Directive 93/13, judgment of 4 June 2009 in Pannon GSM, C‑243/08, EU:C:2009:350, paragraph 32; with regard to Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises (OJ 1985 L 372, p. 31), judgment of 17 December 2009 in Martín Martín, C‑227/08, EU:C:2009:792, paragraph 29; and, with regard to 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…»
AWARD OF DAMAGES ON THE COURT’S OWN MOTION: It also appears that, based on the case law of the CJEU regarding the application of the Directive, the national court should on its own motion assist the consumer in cases where he claims one of the remedies provided for in the Directive but fails. In other words, the Court should check whether he can use an alternative remedy provided for by the Directive. According to Case C-32/12:
“…Directive 1999/44 must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, which does not allow the national court hearing the dispute to grant of its own motion an appropriate reduction in the price of goods which are the subject of a contract of sale in the case where a consumer who is entitled to such a reduction brings proceedings which are limited to seeking only rescission of that contract and such rescission cannot be granted because the lack of conformity in those goods is minor, even though that consumer is not entitled to refine his initial application or to bring a fresh action to that end.”
3. OBLIGATIONS OF MEMBER STATES
ENFORCEMENT: The MSs ensure that there are adequate and effective means to enforce the Directive, and it is acceptable for MSs to give organisations the right to take legal action in the courts to enforce national provisions transposing the Directive. Such bodies include:
“a) public bodies or their representatives
b) consumer organisations having a legitimate interest in protecting consumers
c) professional organisations having a legitimate interest in acting.”
REPORTING OBLIGATIONS: According to Article 20 of the Directive, the MSs:
«…take appropriate measures to ensure that information on the rights of consumers under this Directive, and on the means to enforce those rights, are available to consumers»
4. OTHER RELEVANT PROVISIONS
This Directive repealed Directive 1999/44/EC on 1 January 2022 and amended Regulation (EU) 2017/2394 and Directive 2009/22/EC.
The Directive entered into force on its publication in the Official Journal of the European Union and will be reviewed by the Commission on 12 June 2024.
