SISTEM PRAVNIH LIJEKOVA PREMA DIREKTIVI (EU) 2019/771 O PRODAJI ROBE
SYSTEM OF REMEDIES UNDER THE CONSUMER SALES DIRECTIVE

Summary/Abstract: After the adoption of the new Directive (EU) 2019/771 on certain aspects concerning contracts for the sale of goods, there have been significant changes in the field of European sales law, but the system of legal remedies for lack of conformity still occupies a central place. In case of a lack of conformity the Directive continues to follow the principle of pacta sunt servanda and preferes the legal remedies which will bring the goods into conformity, subsequent performance. Following the repealed Directive 1999/44/EC the two-stage „hierarchy of remedies“ has been maintained. In the first stage, the consumer has the right to have the goods brought into conformity via repair or replacement, if this is not possible due to specially prescribed reasons, then he can claim one of the rights from the second stage, price reduction or termination of the sales contract. Compared to its predecessor, Directive (EU) 2019/771 brings more precise legal rules which are in some cases a result of CJEU case law. The aim of the paper is to analyze the system of remedies therefor Directive (EU) 2019/771 is targeting at maximum harmonization and does not leave much freedom for Member States to maintain or introduce different legal rules.

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